NEHAL KHAN Vs. FELU DOME

JUDGEMENT

(1.) This appeal is by defendant 1 and arises out of a suit relating to land which belonged to the ancestor of the plaintiff and the pro forma defendants. At a private partition, it was allotted to the grandfather of the plaintiffs. In the Record of Rights published in 1925, it was recorded in the names of the plaintiffs and the pro forma defendants.

(2.) The landlord, defendants, sued for the rent of the holding impleading all the persons whose names were recorded in the Record of Rights except plaintiff 2, and obtained a decree for Rs. 37-4-0. In execution of this decree the holding was put up for sale and was purchased by the appellant for Rs. 45 on 31 July 1934. Plaintiff 2 then applied to set aside the sale. The application purported to be under Section 213, Chota Nagpur Tenancy Act and was rejected.

(3.) The present suit was instituted by the plaintiffs on 10 September 1937, for a declaration of their title to the land and confirmation of possession on the ground that the decree and sale in execution of it were null and void as plaintiff 2 was not impleaded in the suit. It has been found that the appellant, the auction purchaser at the execution sale, obtained delivery of possession. The plaintiffs have, therefore, been given the declaration which they sought and decree for recovery of possession, the appropriate court-fees having been paid on the plaint.