MANIRAM MAKSUDAN Vs. RAMDAYAL MAKSUDAN

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the judgment dated 14-10-1955 in Civil Appeal No. 54-A of 1954, delivered by the 2nd Additional District Judge, Bilaspur, reversing the judgment of the Civil Judge (Class II), Janjgir, dated 15-4-1953.

(2.) The facts of the case are mostly undisputed. The appellant-plaintiff Maniram and the respondents-defendants Ramdayal and Hariram are the sons of one Maksudan, The village Bade Sipat, Tahsil Janjgir, District Bilaspur, was held in protected thekedari rights by the family. The theka was recorded in the name of the plaintiff Maniram. In 1935 there was a partition in the family in which the sir and the Khudkasht lands attached to the theka and other properties belonging to the family were divided between the three brothers.

(3.) The suit lands totalling to an area of 11.18 acres in that village had been given to one Budga, who was working as a washerman for the family, on the condition that the lands would be retained by him so long as he rendered service. In the year 1948, he ceased to render service and gave back the lands on 25-3-1948. According to the plaintiff he is exclusively entitled to these lands; but according to the defendants, all the three brothers are jointly entitled to continue in their possession. Admittedly, after the lands were given up by Budga, they have been in possession of the three brothers jointly. The plaintiff, however, brought the suit claiming exclusive possession. The suit was dismissed by the trial Court. The lower appellate Court has upheld the findings of the trial Court, but the plaintiff has been granted a decree for joint possession.