HARIJIWAN SAHU Vs. JAIRAM SAHU

JUDGEMENT

(1.) All the five parties in this appeal land in the suit) are brothers being the sons of late Shankar Sahu of village Ara, P.S. and P.C. Burmu, Dist. Ranchi. The appellant Harijiwan Sahu was defendant 1 in the suit while his three brothers respondents 1, 2 and 3, Jairam Sahu, Laxman Sahu and Ram Sewak Sahu were the plaintiffs. Jagdish Sahu, respondent 4 here was defendant 2 in the suit.

(2.) The three brothers respondents 1 to 3 brought this suit for realisation of a sum of Rs.12000/- (Rs. 4000/- being the share of each of them) on the basis of a ekrarnama deed (Ext.2) dated 1-11-1964 which has been executed by the appellant. Admittedly the lands of Khata No.14 of village Barey. P.S. Burmu which had been auction purchased as far back as 1937 in the name of Harijiwan Sahu had been sold by registered sale deed dated 31-10-64 executed by him (Harijiwan Sahu) and all his brothers in favour of Bhuvneshwar Sahu and the consideration money received was Rs. 20,000/-.

(3.) The plaintiff's case is that as the lands of khata No.14 were the joint family property, all the five brothers had equal share in the consideration money and it agreed that this money will be invested to purchase a bus to be managed by defendant 1 and out of the profits, the instalments due towards the price of the bus should be paid up and thereafter each of the brothers should be paid their share Rs. 4000/- (four thousand) by the defendant 1 and after this was done the bus would belong solely to Harijiwan Sahu. To this effect, the ekrarnama deed is saint to have been executed by Harijiwan Sahu. According to the plaintiffs this sum of Rs. 20,000/- was utilized by Harijiwan Sahu to purchase Bus No. BRN 9318 and he had been plying the same and earning profits but even after all the instalment dues were paid up, Harijiwan Sahu neither paid Rs. 12,000/(Rs.4000/- share of each plaintiff) nor rendered any accounts of the profits of the bus, hence they were compelled to file the suit. In the suit the plaintiffs (respondents 1, to 3) prayed that a decree for a sum of Rs. 12,000/- be passed against defendant 1 or in the alternative joint possession of the bus be made available to them and that a decree for rendition of accounts be also passed against defendant 1.