DHANI SAHU Vs. JIRJODHAN PRASAD SINGH

JUDGEMENT

(1.) This is an appeal by defendants Nos. 1, 2 and 6 from a decree, dated the 29th March 1945, of the Additional Subordinate Judge, 2nd Court, Gaya.

(2.) The suit is for partition of village Larua Lakhana, tauzi No. 2879, on the revenue roll of the Collector of Gaya, arid for other reliefs.

(3.) It may be mentioned at the outset that, sometime before the institution of the partition suit, a suit for damages, being money suit No. 293 of 1942, had been instituted by defendants Nos. 1 to 6 of the partition suit in the Court of the Munsif at Aurangabad, impleading the plaintiff of the partition suit and several others as defendants, on the allegation that the plaintiff of the partition suit had appropriated the paddy and rabbi crops raised by them (plaintiffs of the money suit) on certain portion of the bakasht land in the tauzi under partition. This money suit was transferred to the Court of the Subordinate Judge, 1st Court, Gaya, where the partition suit had been instituted and was numbered as Money Suit No. 9 of 1944. Both the suits were heard together and are governed by the same judgment. The money suit was dismissed and an appeal from the decree in the money suit has been filed by defendants Nos. 1 to 6 in the Court of the District Judge, Gaya, and has not been disposed of yet. The circumstances under which the money suit was instituted will be referred to hereafter.