SHEO NARAYAN GIR Vs. JUGESHWAR KUER

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for recovery of possession of is bighas 5 kathas 9 dhors of land.

(2.) The plaintiff claims to be the mahanth of an asthal situate at Goldenganj in the district of Saran, and the land in suit is said to be a property attached to that asthal. The predecessor of the plaintiff was one Mahanth Deo Narayan Gir who, on 9th October 1914, executed a mukarran istamrari patta with regard to this land in favour of the defendants, and the contention of the plaintiff is that this document was without any consideration, and that the property that was given in lease by virtue of the document being a shivottar lakhraj property belonging to the asthal, is inalienable, and could not be transferred by the mahanth. The plaintiff succeeded Mahanth Deo Narayan Gir as the mahanth after his death, and accepted rent with regard to the lands in suit from the defendants, but his allegation is that, when he accepted the rent, he was ignorant of the real state of things and the real character of the lands. The present suit was instituted on 27th August 1913, and the plaintiff has prayed for recovery of possession with mesne profits.

(3.) The defendants pleaded in defence that the suit was barred according to the rules of estoppel and acquiescence, and that the lease, having been executed for consideration and legal necessity was binding on the asthal and the present plaintiff. It was further contended that the disputed land had been the personal property of the mahanth.