PARMESHWAR SINGH Vs. SUREBA KUER

JUDGEMENT

(1.) The suit out of which these appeals arise was instituted as far back as the 7th September 1917 and it has had an important history. The plaintiffs who are the descendants and representatives of one Balgobind Singh instituted the suit against Daroga Singh and others claiming to recover possession of 17 bighas 16 cottas of land on the ground that the land was held by the defendants as the under-raiyats of the plaintiffs who in turn held the land as raiyats from the proprietors who are known as the Kulharia Babus. The lease under which the defendants held expired within three months of the date of the institution of the suit and notice was given to the defendants to quit. They refused to go out; hence the present suit was brought for possession.

(2.) The learned Subordinate Judge before whom the case came for trial decided the issues in favour of the plaintiffs and passed a decree in their favour declaring their right to possession of the land.

(3.) The District Judge of Arrah before whom the case came on appeal overruled the decision of the Subordinate Judge and from that decision a second appeal was brought to this Court. The learned Judges who heard that appeal considered that the decision of the District Judge could not be supported, lie having taken a wrong view as to the doctrine of merger and they remanded the case to the Court of the District Judge to be re-heard in appeal.