RAMSWAROOP SINGH Vs. VENKATESHWAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 26th April, 1980, passed by the Subordinate Judge, Daltonganj, in Title Suit No. 69 of 1969, whereby the suit was decreed holding the plaintiffs' title over the suit lands in village Karui, P.S.Majhiaon, District Palamau, detailed in Schedules I and II to the plaint and the defendants were directed to give vacant possession thereof. The plaintiffs were also held entitled to withdraw a sum of Rs. 2,950A lying in deposit in the Magistrate's Court at Garhwa in connection with Miscellaneous Case Nos. 71 and 157 of 1962 under Section 145 of the Code of Criminal Procedure.

(2.) THE plaintiff Nos. 3 and 4 were full brothers and the plaintiff Nos. 1 and 2 were their respective wives. According to the plaintiff Nos. 3 and 4, Kuar Duniya Dayal Singh, their agnatic relation was recorded as co -sharer -proprietor of the Milikiyat under Khewat No. 9 to the extent of 4 Annas 6 pies share therein, whereas they were co -sharers proprietors to the extent of 4 pies 10 kauries share in the Milkiyat under Khewat No. 3/1.

(3.) UNDER Khewat No. 9, Khata No. 106 stood recorded as Gairmazarua Malik and included plot No. 109. After death of Kuar Duniya Dayal Singh, there was a partition among among his sons including the properties under Khewat No. 9. However, his two sons, namely, the defendants 1 and 2 remained joint. Mahadeo Singh did not get any share in plot No. 109. The defendant Nos. 1 and 2 were allotted 13.50 acres on the north western portion in plot No. 109 and they orally settled the same alongwith other lands with the plaintiffs 1 and 2 sometime in the year 1945, while their respective husbands, namely, the plaintiffs 3 and 4 were lodged in Jail in connection with some criminal case. Pursuant to the settlement rent receipts written by the defendant No. 16 and duly signed by the defendants 1 and 2 were granted to them. The defendant Nos. 11 and 14 also settled some lands with the plaintiffs 1 and 2.