GAYA PRASAD Vs. MUSAMMAT LARETI KUAR

JUDGEMENT

(1.) This appeal arises out of a suit for partition brought by the plaintiffs against; among other persons, the heirs and assigns of Ram Kumar.

(2.) One Bhagirath was owner of 400 square yards of land. 100 square yards of land out of these were purchased in the name of Bhopal and Jodhu on the 20th January 1870. These persons were the tenants of the plaintiffs and the plaintiffs case is that the names of these persons were entered in the sale certificate benami that the real purchasers were the plaintiffs and not Bhopal and Jodhu. They have died and their heirs have sold the land to defendants Nos. 1 to 3, who have begun to make certain constructions on the land. The present suit is for partition and for an injunction restraining defendants Nos. 1 to 3 from building on the land. They have urged that the suit is barred by Section 66 of the Code of Civil Procedure, and that the plaintiffs cannot maintain this suit against them who are claiming title under a purchase certified by the Court within the meaning of Section 66 of the said Code.

(3.) The Courts below have accepted the contention and have held that the plaintiffs cannot be permitted to maintain their suit against them on the ground that the real purchaser was a person other than the certified purchaser.