SUBHANAND CHAUDHARY Vs. BINDESHWARI THAKUR

JUDGEMENT

(1.) This appeal by the plaintiff is from the judgment and decree dated 19-6-1952, of Mr. Gauri Shankar Prasad Sinha, Subordinate Judge, 1st Court, Muzaffarpur, dismissing his suit for possession.

(2.) Put briefly, the material facts, for the decision of the present appeal, are these:

(3.) In the Survey rerord-of-rights, as will appear from the Khatian of village Ghosaut (Exhibit 27), in respect of khata 155, which is the Khata in suit, one Paspat Lal Jha, son of Suba Sant Lal Jha, ancestor of defendants fourth party, is recorded. The landlords, who are defendants second party to the suit brought a rent suit in 1936--Rent Suit No. 3812 of 1936 against defendants third party and obtained a decree for arrears of rent against them on 18-11-1936. In execution of the said decree in Execution Case No. 605 ot 1937, the disputed khata 155 with an area of 15 bighas 4 kathas 10 dhurs and 14 dhurkis was sold on the 15th November, 1937, and purchased for Rs. 210/- by defendants 1st party, as will appear from the certificate of sale Exhibit A. The auction purchasers, namely, the defendants 1st party, got delivery of possession through court on the 25th April, 1938, as will appear from the writ of delivery of possession and the receipt of receiving possession and the peon's report which are Exhibit H series.