RAJENDRA PRASAD Vs. RAM PRASAD SAO

JUDGEMENT

(1.) Plaintiffs are the appellants in this First Appeal against the judgment of dismissal dt. 7-4-1966 of the plaintiffs" suit, the suit having been instituted for declaration that the plaintiffs have got raiyati interest in the suit land and for khas possession thereon by ejecting the defendants therefrom as also for mesne profits.

(2.) Relevant facts for disposal of the limited contentions raised before this Court may be stated as follows : - The suit properties are described in Schedules "Ka" and "Kha" attached to the plaint. The total area of the properties of Schedule "Ka" situate in two mauzas, namely, Rasuna Tunda and Khaira Tunda is 62.37 acres of land which are said to be bakast lands of these two mauzas. The properties of Schedule "kha" also relate to the above two mauzas and the total area thereof is 7.08 acres of land, these lands being gairmazarua Ahar and gairmazarua pind. These two mauzas were included in the Revenue Estate, Palganj bearing tauzi No. 20 of Hazaribagh Collectorate, commonly called as Palganj Estate. Raja Ran Bahadur Singh, grandfather of plaintiffs Nos. 4 and 5 was the then proprietor of the Palganj Estate. He gave the two mauzas, abovementioned, in thica to the original defendant No. 1 Bihari Sao on the 13th May, 1925, defendants Nos. 1 and 1(a), being his sons, defendant No. 1(b), being his widow and defendant No. 1(c), being his daughter, having been subsequently substituted in the place of defendant Bihari Sao as his heirs. This thica was temporary in nature. Exhibits-6 and 3, respectively, are Kabuliyat and patta in respect of this thica lease executed by defendant Bihari Sao and Raja Ran Bahadur Singh. This thica lease was only for a period of 24 years and it was to expire in Phalgun 1357 fasli corresponding to 4-3-1950. According to the terms of this thica lease, the lessee was to deliver possession of the thica property to the lessor after the expiry of the lease period. The lessee did not make over the possession of the thica property to the lessor and thus their possession over the same after the expiry of the thica lease became wrongful and besides being liable to be evicted, they were liable to pay mesne profits to the plaintiffs.

(3.) On the death of Raja Ran Bahandur Singh, Palganj Estate, undisputedly, came to be owned and possessed by Jagarnath Singh, since deceased, plaintiffs Nos. 4 and 5 being his sons and plaintiff No. 3 being his widow. In order to meet the cost of litigation, half of the interest in the thica property was transferred by plaintiffs Nos. 3 to 5 to plaintiffs Nos. 1 and 2, both sons of Parmeshwar Ram (defendant No. 2) by a registered sale deed dt. 27-12-1959. This is how, all the plaintiffs have combined to institute the instant suit seeking the reliefs abovementioned.