SARJUG DEVI Vs. DULHIN KISHORI KUER

JUDGEMENT

(1.) THIS is an appeal by defendant No. 1 from the decree of the Additional Subordinate Judge, Patna, dated 27th May, 1955, decreeing the plaintiff-respondents suit for possession of the disputed property. The facts of the case are a bit involved and can be summarised as follows:

(2.) THE present appeal arises out of Title Suit No. 49 of 1951. This suit and Title suit No. 57 of 1949 were brought by the plaintiffs for identical reliefs. Except for the principal defendants the parties are the same. Both the suits were heard together by the Subordinate Judge and were eventually decreed. THEre is no appeal from the decree passed in Title Suit No. 57 of 1949, and the matter ends there. No reference will be made to the lands involved therein.

(3.) ON the basis of a headnote, plaintiff No. 1 instituted Money suit No. 340 of 1930 in the court of the Munsif, Bihar, against defendants Nos. 3, 4, 9 and 10, i.e. against the sons of Darshan and Hira, which was decreed ex parte on 21-1-1931. The decree-holders levied execution of the decree in Execution Case No. 1264 of 1933 and purchased 1.31 acres out of plot No. 309 on 21-3-1934.