RAM P ERVESH KUMAR Vs. JALESHWAR SINGH

JUDGEMENT

(1.) THIS First Appeal was filed by the defendant no.1 against the judgment and decree dated 25.04.1988(decree signed on 03.06.1988) by Sri Rameshwar Tiwary, the learned Subordinate Judge VI, Patna in Title Suit No.68 of 1967/159 of 1985 decreeing the plaintiff-respondent's suit in part. During the pendency of the appeal, the sole appellant, Rajeshwar Prasad Singh who was defendant no.1 in the Court below died and his legal representatives have been substituted. Likewise, it appears that most of the plaintiffs-respondents also died and their legal representatives have been substituted.

(2.) THE original plaintiffs-respondents filed the aforesaid Title Suit No.68 of 1967/159 of 1985 praying for declaration of plaintiff's title and want of defendant's title in the suit property and for recovery of possession and further for a decree for a sum of Rs.1,000, the sale proceeds of the produce of the suit land and also prayed for a decree for a sum of Rs.1,000 on account of mesne profits and Rs.498 approximately or any other sum that may be found due on account of future mesne profits. THE plaintiffs-respondents claimed the aforesaid relief on the facts inter alia that the plaintiff no.1, Smt. Gulzaria Devi was the daughter of late Deo Narayan Singh of village Rupaspur Simra, P.S. - Phulwari, District - Patna. Deo Narayan died on 29.09.1961 leaving behind his only daughter, Gulzaria Devi as his wife pre- deceased him. THE defendants created trouble in the peaceful possession of plaintiff no.1 and, therefore, a proceeding under Section 144 Cr.P.C. was initiated. THE said proceeding was converted to 145 Cr.P.C. proceeding. THE said proceeding was referred to Munsif III, Patna under Section 146 Cr.P.C. wherein the possession of the defendant no.1 over the suit property was declared by order dated 29.07.1965.

(3.) ON the basis of aforesaid pleadings, the learned Court below framed the following issues: