LAKHAN LAL PURI Vs. RICHU MIAN

JUDGEMENT

(1.) The plaintiffs, who are appellants before this Court, institute Title suit No. 69 of 1951 in the Court of the Subordinate Judge of Hazaribagh for confirmation of possession, or in the alternative for recovery of possession, of the properties in suit as the nearest reversioners to the estate of Ganga Puri. They further prayed for issue of a permanent injunction restraining the defendants from interfering with the possession of the plaintiffs over the suit lands. Defendants Nos. 1 to 9 were transferees from defendant No. 10, Musammat Chama Kumari, under two registered sale deeds dated 20-5-1951 In order to appreciate the points raised in this appeal, it is necessary to give the following pedigree on the family of the plaintiffs and that of Ganga Puri : <FRM>JUDGEMENT_181_AIR(PAT)_1960Html1.htm</FRM> According to the plaintiffs after the death of Mirja Kueri, widow of Ganga Puri, in the year 1947, the properties in suit had devolved on them who were the next reversioners at that time and that Musammat Chama Kumari had no interest in those properties, nor had she any right to alienate the same in favour of defendants 1 to 9.

(2.) The suit was contested by the transferee defendants who pleaded inter alia, that the plaintiffs had no cause of action to bring the present suit. According to them, after the death of Mirja Kueri, Musammat Chama Kumari had rightly come in possession of the properties in suit and she had every right to sell them. It was further pleaded that in any event the two transfers were to hold good at least till the life time of Mt. Chama Kumari.

(3.) Defendant No. 10 filed a separate written statement wherein she asserted that the two sale deeds in favour of defendants 1 to 9 had been brought into existence after practising fraud on her. She admitted that the lands in suit have all along been in possession of the plaintiffs.