NANDJI SINGH Vs. SHEA PRASAD MAHTO

JUDGEMENT

(1.) This appeal arises out of the judgment and decree passed in Title Suit No. 31/4 of 1960/64 by the second Additional Subordinate Judge of Arrah on 23.1.1965, dismissing the suit in which the plaintiffs had prayed for declaration of their title and recovery of possession of the lands mentioned in Schedule II of the plaint and for mesne profits as also payment to them of a sum of Rs. 1150/- which had been kept in deposit in a proceeding under section 145 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') between the parties in which, by an order dated 25.9 52, Sheo Prasad Mahto, respondent no. 1 had been declared to be in possession of the disputed lands.

(2.) The case of the plaintiffs who have come up in appeal, as laid in the plaint, is as follows. The lands in dispute which appertain to khata no. 43 are situate in Mauza Bhatauli, within the jurisdiction of Nawanagar police station, in the district of Bhojpur. They belonged to Dukhit Mahto. Dukhit Mahto had three brothers, namely, Shalig Mahto, Jpdhan Mahto and Sukhlal Mahto but he was separated from them. Dukhit died issueless in 1327 leaving him behind his widow named Mossomat Runia who came in possession of the lands in dispute. Shalig, Jodhan and Sukhlal predeceased Mossomat Runia. After the death of Mossomat Runia, Ramsewak, son of Shalig inherited the lands of Dukhit as his heir and came in possession thereof. Ramsewak died leaving him surviving only a daughter named Mossomat Barti who came in possession of the lands. She was defendant no. 2 in the suit and respondent no. 2 in this appeal. She has since deceased.

(3.) Sometime in about 1920, the landlord of the lands, namely, Madho Prasad Singh of Majhwari had planned to grab the disputed lands and to that and he began to interfere with the possession of the same and thereupon a proceeding under section 144 of the Ciminal Procedure Code (hereinafter referred to as 'the Code') between him and Suchit Mahto, a grand son of Dukhit's brother Sukhlal, was started and later on, it was converted into a proceeding under section 145 of the Code. In that proceeding the lauds were attached under section 146 of the Code on 20.7.1920 and the parties were referred to the Civil Court. Thereupon Mossomat Barti (the deceased respondent no. 2) instituted Title Suit No. 56 of 1937 against Madho Prasad Singh and others which was decided on contest in favour of Mossomat Barti on 28.7.1938 and her title over the disputed lands was declared and, accordingly she came in possession of the suit lands.