KAMTA PRASAD SINGH Vs. RAM NARAYAN LALL

JUDGEMENT

(1.) This is a defendant's second appeal, against the concurrent decrees, passed by the courts below in a suit in ejectment, brought by the plaintiff-respondents.

(2.) The plaintiffs' father purchased the suit lands at a court sale, and thereafter got delivery of possession over them through court. The plaintiffs' " father was recorded in the survey Record of Rights also in respect of the disputed lands. The final publication of the Record of Rights took place on 21-1-35. Thereafter, the plaintiffs' father died, and the plaintiffs came in possession of the disputed properties. It was alleged that they were dispossessed In April, 1937, by the defendant, from Khata 192. Subsequently in 1946, they were dispossessed from Khata 194 also by the defendant when he constructed a house on this plot. On these allegations, the plaintiffs brought the suit for a declaration of titled and recovery of possession, in respect of the disputed lands.

(3.) The defendant contested the suit. His defence was that the suit was barred by limitation, and that the sale of the disputed lands was illegal, as it was held by the defendant's father, in lieu of service, under the Maharaja of Chotanagpore, & that there was never any delivery of possession through court in favour of the plaintiffs' father, nor, was he ever in possession of the lands. The defendant asserted that he had always been in possession of the disputed lands.