RAMCHARITAR DAS Vs. ABDUL SATTAR

JUDGEMENT

(1.) Plaintiff is the appellant in this Court and also in the lower appellate court. The suit was brought for declaration that the judgment passed by the Munsif 1st Court, Darbhanga, in Title Suit no. 135 of 1956 and the subsequent judgment in Title Appeal no. 1525/8 passed by 43759 the Additional Subordinate Judge and that of this court in Second Appeal no. 829/60 are binding upon the plaintiff only in regard to 1 katha out of plot no. 2 of khata no. 166, situate in mauza Sara Mohammad, P. S Dar bhanga.

(2.) The case of the plaintiff appellant is that the defendant-respon dents had brought Title Suit no. 135 of 1956 in the court of Munsif 1st, Darbhanga, with respect to Schedule 1 land of the suit against the present plaintiff, which was decreed and upheld up to this court. Schedule I land consisted of only 1 katha of plot no. 2 appertaining to khata no. 166. The claim was based on the basis of the sale-deeds, being Exts. A and A/1, by which they claimed to have acquired title and possession over 2 bighas 17 kathas of land which covered plot nos. 2, 3 and 79. It is said that these plots have been in possession of Shri Krishna Prasad and others, heirs of one Trilok Nath, who had sold these lands to the defendant-respondents by Exts. A and A/1.

(3.) The claim of the plaintiff in the present suit and defendant in Title Suit No. 135/56 was that the entire plot nos. 2, 3 and 79 were in possession of one Mahanth Ramtahal Das, the Dada Guru of the plaintiff, and Trilok Nath, ancestor of the vendors of the defendant-respondents was only a benamidar. It is further claimed that the suit lands were inherited by the present plaintiff-appellant from the said Dada Guru Ramtahal Das. The story of Trilok Nath being the benamidar of Ramtahal Das was denied by the defendant-respondents.