HARIHAR SAHU Vs. TIKAIT PRASAD SINGH DEO

JUDGEMENT

(1.) THIS is an appeal on behalf of defendants 4 to 9 arising out of a suit brought by the plaintiff -respondent for a declaration that the plaintiff had the right to resume the properties in suit described in the schedule of the plaint and that the defendants were mere trespassers, because they had no right to continue in possession after the death of Shambhunath Singh who was the last lawful holder of the interest in suit.

(2.) THE appellants were impleaded as purchasers of certain portions of the property in the year 1875 in execution of a decree against one Maninath Singh, one of the descendants of Krishna Singh. The other persons who were impleaded as defendants were either illegitimate descendants of Krishna Singh or who held other portions of the property in suit in some other right.

(3.) THE first and foremost document relied upon by them is the entry made in the record -of -rights in respect of the property in suit where with slight variations here and there, it is distinctly stated that these are 'kabilzapti' properties on failure of legitimate descendants of the original grantee. Mr. De's contention is that it is the primary mistake committed by the Courts below in so far as they relied upon the entries in the record -of -rights, because the record -of -rights in respect of these entries is not admissible in evidence, and as such no reference should have been made to them.