GUNIA PADHAN AND ORS. Vs. NARAYAN DHAL

JUDGEMENT

(1.) THE Plaintiffs are the Appellants. They filed the suit for a declaration of their title to and for confirmation of their possession over 2/3rd share of land covered by Khata No. 281 in Mouza Kantio Putasahi. They also prayed for a declaration that the eviction proceedings as a result of which the lands covered by the disputed Khata have been settled with Defendant No. 1 be declared void and inoperative.

(2.) THE suit was decreed by the trial court, but on appeal by the first Defendant the appellate court dismissed the suit.

(3.) THE contention of Defendant No. 1 was that Defendant No. 3 was the sole owner of the disputed holding and that for arrears of rent and cesses due from him which he did not pay in spite of several notices, he was evicted from the holding in the year 1932. The Plaintiffs and Defendant No. 3 were aware of these proceedings. The holding was resettled with Defendant No. 1 in 1934 on taking from him the arrears of rent and cesses due and since then the Defendant No. 1 was in possession of the entire holding.