RAM SWARATH SINGH Vs. MITHILA SHARAN SINGH

JUDGEMENT

(1.) This is an appeal by the defendants second party under Section 43, Rule 1 (u) of the Civil P. C. (hereinafter to be called as "the Code") against the judgment of reversal. The trial court by its judgment dated 29-3-1976 had dismissed the suit as being barred by principles of res judicata. By the impugned judgment and decree passed by the learned First Additional District Judge dated 23-3-1979 the appeal was allowed and the case was remanded to the trial court for going into the question of adverse possession after affording the parties reasonable opportunity of adducing evidence on the merits of the case.

(2.) The subject matter of dispute is a parcel of land comprising 3 acres and 65 decimals in plots Nos. 44 and 45 of Khata No. 139. The erstwhile landlord of the Touzi in question made a gift of/8/- Annas share in the suit property to one Bai-kunth Singh father of plaintiffs Nos. 1 and 2 by a registered deed dated 21-5-1925. Initially a dispute cropped up between the parties as to whether the lands involved in the suit were Bakasht lands of the ex-landlords or raiyati lands of the defendants-respondents. Without giving any detail with regard to the genesis and the culmination of that title suit, it will be sufficient to narrate only the relevant points,

(3.) The respondent No. 6 with others instituted a suit being Title Suit No. 126/ 29 of 1947/51 in the court of the Munsif, Patna. The suit was for a declaration that the lands in question were his rai-yati lands and not Bakasht lands of the predecessor-in-interest of respondent No. 6 who were predecessors-in-interest of respondents Nos. 1 to 5 who in their turn were original landlords.