BANS LOCHAN RAI Vs. JAGANNATH LAL

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for declaration and recovery of possession of certain plots of land.

(2.) Musammat Soukali, a Hindu widow in possession, executed a permanent lease on the 28 of April 1902 of four sir plots in favour of Musammat Bhola Kunwar. There was another person who also joined in the deed, but as he did not actually become the heir of the estate it is immaterial to consider this circumstance. In 1918 Musammat Soukali executed a mle-deed of her rights in the same plots in favour of Bhawani Din. In 1916 Bhawani Din transferred his rights to Ram Naresh and others. On the 23 May 1920 the widow died.

(3.) The present plaintiffs, who are the reversioners to the estate, instituted this suit alleging that the lease in question was a fictitious document and, in the alternative, that it was not binding on them as subsequent heirs after the death of the widow. They also sought a decree for possession in case they were found to be out of possession.