DRIGPAL SINGH Vs. WIFE OF LALDHARI OJHA

JUDGEMENT

(1.) This second appeal is by the plaintiffs against the judgment of affirmance.

(2.) The plaintiffs filed a suit for declaration of title and recovery of possession over a piece of land measuring 1 katha 10 dhurs of plot No. 71, pertaining to khata No. 7 of village Chhoti Narai, Dist. Vaishali. The plaintiffs also prayed for mesne profits. Alternatively the plaintiffs prayed for recovery of Rs. 8,000/-covered by the sale deed (Ext. 1) dated 8-9-73 from defendant 2nd party namely, Subh Narain Ojha.

(3.) The plaintiffs case was that one Jamuna Singh was the original owner of plot No. 71 measuring 5 kathas 15 dhurs. Jamuna Singh mortgaged the said plot in favour of Laldhari Ojha (defendant No. 1) and Ram Charitra Ojha (defendant No. 5) for a sum of Rs. 463/- by a mortgage deed dt. 4-10-1934. Thereafter on 23-6-1943 Jamuna Singh sold the aforesaid plot to Subhnarain Ojha (defendant No. 4) and Bulla Ojhaen (defendant No. 5) (widow of Ram Charitra Ojha) for a sum of Rs. 600 equity of redemption. Out of this consideration money Rs. 463 was kept in deposit with the vendees for making payment to the mortgagee and Rs. 137/- was paid to the vendor in cash. According to the plaintiffs subsequently the vendees redeemed the mortgage by making the payment of the mortgage money and then they came in possession over the land. According to the plaintiffs thereafter a partition between Subhnarain Ojha (defendant No. 4) vendees by sale deed dt. 23-6-1943) took place and according to the plaintiffs, Subhnarain Ojha (defendant No. 4) got 1 Katha 10 dhurs on the southern side and some land on the northern side and Bulla Ojhaen (defendant No. 5) got the remaining land over which they came in possession accordingly.