KHEMA PADHAN Vs. GUNA SAHU AND ORS.

JUDGEMENT

(1.) ONE Rajib Gountia had six sons -Jadab (Defendant No. 1), Benudhar (husband of Defendant No. 11), Luxman (father of Defendant No. 6 and grand father of Defendant No. 7), Gopal (father of Haribar and grand -father of Defendant No. 8), Baijanath and landarpa (father of Defendant No. 9 and grandfather of Defendant No. 10). Raghunath, son of Baijanath, died issueless. Defendants 2 to) are the sons of Defendant No. 1. Plaintiff's suit was for declaration of title and recovery of possession of 1.77 acres of land in plot No. 2606 in mouza Kumbhari. His case is that his father Nilamani acquired the disputed land by an unregistered lease -deed (ext. 1) dated 9 -10 -1925 executed by Benudhar, Raghunath, Harihar, Gangadhar (Defendant No. 7), Bidyadhar (Defendant No. 6) and Jadab, and that ever since then Plaintiff's father was in possession on payment of rent to the Defendants who were the gountias themselves. After the death of the Plaintiff's father, Defendants 2 to 5 forcibly trespassed into the disputed land on 12 -7 -1959.

(2.) THE trial Court decreed the suit finding ext. 1 to be genuine, and the Plaintiff's father, and after him, the Plaintiff to be in possession of the disputed property on payment of rent till the date of dispossession.

(3.) MR . Sinha advanced the following contentions: