KAMESHWAR PRASAD SINGH Vs. MEGHAN GARAIN

JUDGEMENT

(1.) The question to be determined in this appeal is whether the pltf. ought to be granted a decree for redemption with respect to an area of 19 bighas & odd located in Mohiudinpore Khasiawan of which the defts. are said to have taken usufructuary mtge.

(2.) The pltf. brought the suit on the allegation that in Jeth 1320 Fasli Banke Bihari Singh had given the land by an oral ijara for a sum of Rs. 216 to four sets of defts., viz., defts. 1 to 5, defts. 6 to 10, defts. 11 to 14 & defts. 15 to 21. The pltf. alleged that as successor-in-interest of Banke Bihari Singh he repaid the ijara money to the defts. & after redeeming the mtge. obtained possession of the land. There was a subsequent dispute Under Section. 144, Cr. P. C. between the parties & the Subdivisional Mag. issued a warning notice against; the pltf. The pltf. asserted that on 20-8-1941 the defts. dispossessed him from the land illegally. The pltf. therefore asked (1) for

(3.) The Subordinate Judge held that the oral ijara was invalid, that the defts. had been in ad- verse possession of the land for over 12 years & had acquired absolute title. He disbelieved the defts.' case that Rambabu, the maternal uncle of Bankey Bihari Singh, had executed any unregistered sale deed in their favour. The Subordinate Judge disbelieved the story of the pltf. that he had repaid the ijara money on 12th Jeth 1348, that he had obtained possession of the land or that the defts. had dispossessed him on 20-8-1941. On these findings, the Subordinate Judge dismissed the suit. The decree of the learned Subordinate Judge has been affirmed by the Dist. J. in appeal.