CHOWDHARYDINANATHSINGH Vs. BHAWANI DAYAL GUPTA

JUDGEMENT

(1.) This appeal is directed against the order dated 21st December, 1978 passed by the Subordinate Judge, Bhabhua under Section 144 of the Code of Civil Procedure in Miscellaneous Case No 128 of 2078, arising out of Execution Case No 9 of 1965, whereby and where under the respondents I st set herein have been held to be entitled to restitution.

(2.) Tulsi Prasad Singh, father of appellant no. 1 and others filed Title Suit No. 56 of 1961 in the court of the Subordinate Judge, Sasaram for declaration of title and recovery of possession and also for means profits with respect to 23 70 acres land described in Schedule 1 to the plaint. Further, he also prayed for recovery of a sum of Rs. 2700/-, the amount of bid money collected in course of the proceeding under Section 145 of the Code of Criminal Procedure.

(3.) By judgment and decree dated 12.12 1964, the suit was decreed. Against that the defendants 1st set preferred First Appeal No 41 of 1965 in this Court In the meantime, the plaintiffs-decree holders levied Execution Case No. 9 of 1965, in which writ of delivery of possession was issued and on 27 5 1963 possession of the suit land was delivered to the plaintiffs decree holders.