FAKIRMOHAN RANA Vs. BASANTI DEBI THAKURANI

JUDGEMENT

(1.) The plaintiffs have preferred this appeal against a reversing decision of the court below. The plaintiffs filed the suit for declaration of their title to the suit lands, confirmation or in the alternative recovery of possession of the same from defendants Nos. 2 to 7 and for permanent injunction against them and in the alternative for refund of the consideration money paid to defendant No. 1 while purchasing the suit lands from him.

(2.) In view of the limited question on which this appeal is going to be disposed of it is not necessary to state in detail the respective cases put forward by the parties in claiming the suit lands for themselves. Suffice it to say that the plaintiffs allege that plaintiff No. 1 and his brother purchased the suit property from defendant No. 1 who had purchased the same in court auction sale. The plaintiffs were in possession of the suit property, but in 1969 Ganeswar Das, the marfatdar of defendant No. 2, and defendants Nos. 3 to 6 created disturbance in their possession. Hence the suit,

(3.) Ganeswar Das, who has been described in the plaint as the marfatdar of the deity defendant No. 2, and the defendants 3 to 6 filed a joint written statement. Their case is that defendant No. 7 acquired occupancy right over the suit lands by virtue of the Amalnama granted to him by defendant No. 1 in 1941-42, and he, while in possession of the same, sold the suit lands to defendant No. 2. Since that time all these defendants are in possession of the suit lands on payment of rent. The plaintiffs do not have title or possession over the same. Defendant No. 1 was set ex parte. Defendant No. 7 supported the case of defendants 2 to 6.