JANKI KUER Vs. BALDEO CHOUDHARY

JUDGEMENT

(1.) This appeal by the plaintiffs is directed against the judgment and decree of the Special Subordinate Judge, Ranchi, confirming those passed by the Munsif of the same place.

(2.) Some relevant facts preceding the institution of the present suit may shortly be stated as follows. Plot No. 720 situated within the town of Ranchi belonged to Balmakund Marwari, the present defendant No. 3. In the year 1928, one Alam Khan got a money decree against Balmakund Marwari in a small cause court suit from the Court of the learned Small Cause Court Judge at Calcutta. The small cause court decree was transferred or execution to Ranchi where the execution case was numbered as Execution. Case No. 567 of 1928. Subsequently, the decree-holder assigned his right, title and interest in the "decree to Bhagwat Dayal Sahu, grand father of Motilal Saha, the present defendant No. 2. The assignee of the decree was thereafter substituted in place of the original decree-holder in the execution proceeding. At the auction sale held on 8-8-1933, one-third share of plot No. 720 was sold and purchased by the assignee of the decree-holder. On 11-11-1933, the auction purchaser got delivery of possession of the one-third share of plot No. 720 purchased by him at the auction sale. In the year 1937, Baldeo Choudhary and Motilal Saha instituted Partition Suit No. 46 of 1937 for partitioning their one-third share in plot No. 720. This suit was originally filed against Balmakund Marwari who pleaded that he had transferred his right, title and interest in the plot to his daughters-in-law, Mt. Janki Kuer and Mt. Kamli Kuer, the present plaintiffs. Thereafter, the present plaintiffs were impleaded as party defendants to the partition suit. On 31-10-1938, the partition suit was decreed, On 18-8-1939, the appellate Court affirmed the decree passed in Partition Suit No. 46 of 1937. On 5-2-1946, the plaintiffs instituted the present suit for grant of the following reliefs.

(3.) According to the plaintiffs, plot No. 720 constituted a raiyati holding which was not transferable under the Chota Nagpur Tenancy Act, and as such, the auction purchasers in Execution Case No. 567 of 1928 had acquired no interest which was binding on them.