DEONANDAN SINGH Vs. RAMRUP OJHA

JUDGEMENT

(1.) This appeal by defendant Nos. 14, 15, 17 and 18, who are some of the defendants third party, arises out of a suit for declaration of title to and recovery of possession in respect of 13 bighas, 8 kathas and 4 dhurs of land described in Schedules 2. 3, and 4.

(2.) A genealogical table of the family in question is given in Schedule I attached to the plaint. All parties admit this table to be correct. According to it, Jaga Ojha had four sons, Jaigopal Ojha, Rambhaju Ojha, Dhaju Ojha and Beni Ojha. Ramrap Ojha (Plinfiff No. 1) is a descendant of Jaigopal Ojha, Rambhaju Ojha's branch appears to have become extinct. Plaintiff Nos. 2 and 3 are the descendants of Beni Ojha. The dispute between the parties relates to the properties of Dhaju Ojha's branch of the family. Dhaju had four sons including Banwari and Lila. Raja was Banwari's son and he had four daughters, namely, Bampati, (defendant No. 2), Bilasbati (who is dead), Nirsi (who is dead) and Sonabati (defendant No. 11). Badri (defendant No. 1) is the husband of Bampati (defendant No. 2) and defendant Nos. 3 and 4 are their sons. The other surviving daughter Sonabati and her husband and son as well as the husbands and sons of Bilasbati and Nirsi are defendant Nos. 5 to 12, the defendants second party. It is said that Raja gifted a substantial part of the proper-lies belonging to the joint family consisting of himself and Lila to his daughters and their sons and they subsequently sold the properties so gifted, to other persons, who are defendant Nos. 13 to 21, defendants third party.

(3.) Some facts are not in dispute. They may now be stated. Raja and Lila were the last surviving coparceners of the joint family which consisted of Lila and his brothers. Raja executed some deeds of gift in 1942 in favour of his daughters or their sons. Those properties are described in Schedule 2 attached to the plaint. He also sold some lands to the defendants third party. These lands are described in Schedule 3. After the sales, an area of only 19 kathas and 16 dhurs was left in possession of the joint family. This land is described in Schedule 4 attached to the plaint Shortly afterwards. Raja died. Lila got the properties of the joint family as the last surviving coparcener. He died in 1947. The plaintiffs are the nearest Sapindas of Lila and they are admittedly entitled to properties left by him.