CHHATAR MAHTO Vs. CHITO MAHTO

JUDGEMENT

(1.) This application in revision is directed against an order of remand passed by the Additional Subordinate Judge of Hazaribagh in Title Appeal No. 38/44 of 1963/1964, which had been preferred by the defendants against the decision of the Munsif of Hazaribagh decreeing Title Suit No. 127 of 1959, which had been instituted by the plaintiffs

(2.) It is common ground that there were four branches in the family of Dalo Mahton, who left behind four sons Fakir, Sardar, Manik and Chuna Ram. The plaintiffs are the descendants of Chuna Ram, defendants 1 to 14 are the descendants of Fakir and defendants 15 to 31 are the descendants of Sardar. It is also common ground that the last surviving member of Manik's branch was Budhan, who died sometime in 1951 The dispute between the parties is with regard to a tank and its Pind recorded under Khata No. 5 in village Ghaghra. The plaintiffs have instituted the suit for declaration of their title and for joint possession over the disputed property claiming that besides their one-fourth interest therein, they have also acquired the one-fourth interest of Manik's branch upon Budhan's death, since the nearest heirs on Budhan's death upon Manik's line having become extinct, were Harlal and Lalo (Plaintiffs Nos. 14 and 15). In other words, the plaintiffs claim half interest in the suit property.

(3.) The relevant defence put forward by the contesting defendants was that neither Manik's nor Chuna Ram's branch had interest in the suit property since the sixteen annas interest therein vested in the members of the other two branches, namely, those of Fakir and Sardar. According to the defendants, therefore, the plaintiffs were not entitled to any decree in the suit