JUGAL KISHORE SINGH Vs. UNION OF INDIALAKSHMI KUMARI

JUDGEMENT

(1.) This is the defendant's appeal against the concurrent judgments and decree of the courts below arising out of a suit for declaration of title, confirmation of possession and for permanent injunction restraining defendant No. 1, from interfering with the plaintiff's possession with regard to an area of land measuring 1 Bigha, 16 Kathas 15 dhurs situate in village Jura, P. S, Digha in the suburb of the town of Patna on the adjudication that the sale held on 21-1-1963, was void and inoperative.

(2.) The undisputed facts are that defendant No. 1, Jugal Kishore Singh had brought a suit being Title Suit No. 69/47 against one Raghunandan Chain, who is defendant No. 2 in this case, in the Court of Munsif, 3rd Court, Patna, for declaration of title and recovery of possession after evicting Raghunandan Chain from the house standing on Plot No. 200 and Khata No. 120 of village Jujra and for recovery of arrears of rent and mesne profit on the allegations that Raghunandan Chain was holding the building as a tenant under him on a monthly rental of Rs. 18/-. In that suit Toni Mahton, who was the original plaintiff in this case, had intervened on the allegation that he being the heir of the recorded tenant with respect to the disputed property of that suit, had title to the same. The suit was dismissed by the trial Court but on appeal by the present defendant No. 1, Jugal Kishore Singh, in Title Appeal No. 237 of 1959. the suit was decreed on 22-3-1961. In that appeal Toni Mahton had filed a cross objection which was dismissed.

(3.) The decree holder Jugal Kishore Singh levied execution in Execution Case No. 177 of 1961 and got the property of Toni Mahton, the present plaintiff sold on 21-1-1963.