MANIRUDDIN Vs. AMINUDDIN

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree of the First Additional Subordinate Judge of Patna affirming those of the Additional Munsif, Barh.

(2.) The facts leading to the institution of the suit out of which the present appeal arises, put shortly, are these: The land in suit which bears plot No. 428 of Khata No. 326 and has an area of 0.62 acres lying in village Bhagwatipur belonged to one Tilak Singh. On his death, his widow Mt. Jasomati Kuer inherited the same. She, thereafter, died in 1942 and then Basudeo Singh, defendant 3, the admitted next reversioner of Tilak Singh, inherited his entire property. Thereafter, he sold the suit land, along with other lands, for Rs. 1500/- to the plaintiff who, though got possession over other lands, could not get possession over the suit land. He, thereafter, instituted the present suit for declaration of title and recovery of possession with mesne profits against defendants 1 and 2, and in the alternative, for refund of proportionate consideration money against defendant 3.

(3.) The suit was contested by defendants 1 and 2. Their defence was that the suit land was the Stridhan property of Mt. Jasomati Kuer who sold it to them through a registered sale deed dated 8-3-1933, for Rs. 265/- and that they were in possession of the same since after their purchase. In the alternative, they also pleaded that even if the suit land belonged to Tilak Singh his widow sold it to them for legal necessity. Defendant 3 did not appear in the suit.