GIRDHAR PRASAD Vs. AMBIKA PRASAD THAKUR

JUDGEMENT

(1.) MISCELLANEOUS appeal No. 7 of 1961 and MISCELLANEOUS Appeal No. 8 of 1961 arise out of Title Suit No. 12 of 1949 and Title Suit No. 35 of 1950 respectively. They are against the same order dated 23-12-1960 passed by the 1st Additional Subordinate Judge of Arrah. They have arisen under the following circumstances.

(2.) SHEO Prasanna Singh was the owner of four annas share in respect of Mauza Rajapur bearing Tauzi No. 1503/14 in the district of Shahabad. This share was coming in his family since the time of his ancestors. The said share comprised of 153 bighas 10 kathas of bakabht land beside tenancy lands. The ancestors of SHEOprasanna Singh (plaintiff No. 1 of Title Suit No. 35 of 1950) had let out in rehan their aforesaid proprietary interest with Bakasht lands in favour of Naurang Thakur and later on in favour of Lal-mohan Thakur (ancestors of defendants 1st party of Title Suit No. 35 of 1950) by sixteen registered deeds. The total amount covered by those documents was Rs. 61,154/ 15/6. The rehandars got possession over the mortgaged properties. Subsequently by agreement dated 1-3-1921 an area of 27 bighas and 4 kathas of bakasht lands was released to the mortgagors. Ambika Thakur and other heirs of the rehandars let out 36.76 acres of the bakasht lands, appertaining to the aforesaid share in dar-rehan to Thakur Prasad and Girdhar Prasad pro forma defendants 7 to 8 of Title Suit No. 35 of 1950 by a registered deed dated 23-3-1942 for a sum of Rs. 23.300/- and put them in possession thereof. They further executed two dar-rehan deeds, one dated 12-12-1940 for a sum of Rs. 4.750/-and the other dated 20-3-1945 for a sum of Rs. 7,000/- in favour of SHEOpujan Ahir and Baburam Ahir ancestors of defendants 9 to 11. They also executed another dar-rehan bond dated 12-12-1940 for a sum of Rs. 3,000/- in favour of Munshi Benimadhav Lal. SHEOprasanna Singh executed several pattas with regard to 83 bighas of Bakasht lands appertaining to the aforesaid share making perpetual mokarari settlement with different persons on receipt of Nazarana money to the extent of Rs. 61,154/15/6.

(3.) A petition, dated 27-6-1965, was filed by Ambika Thakur and other plaintiffs, dar-rehandar Thakur Prasad, and also some of the Pattadars making a prayer for referring the matter to the arbitrators Babu Mukteshwar Kuer, Pleader, Buxar and Babu Shyam Narain Kuer for decision. Sheoprasanna Singh and some other defendants did not join in that petition. Sheoprasanna Singh raised objection to the aforesaid prayer for reference. Consequently the plaintiffs filed a petition for expunging from record the names of Sheoprasanna Singh and other persons who had not joined in the petition filed for reference. Accordingly they were expunged from the record.