RAJINDER LALL Vs. KUER RAI

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of title and confirmation of possession of a certain share in the estate bearing tauzi No. 3766 in Saran District. The property which is very small, is part of a share which was originally held in common by four brothers, Chhatar Rai, Prayag Rai, Jagu Rai and Bahadur Rai. Dudnath Rai, the predecessor-in-interest of the contesting defendants, obtained a mortgage decree in execution of which he brought to sale and himself purchased the share of two of the brothers, and Bahadur, together with a third interest described in his sale-certificate as that of Sona Kuer, widow of Suba Rai, the son of Prayag Rai, who was then deceased. Subsequently, one Sewa Rai sued the family on an earlier mortgage said to have been granted by Nandlal, one of the sons of Chhatar Rai, joining defendant, Dudhanath Rai, in which he obtained a decree.

(2.) This Sewa Rai was brother-in-law of Nandlal, a fact which led the Court to regard with some suspicion the admissions which were made on behalf of Nandlal and Ramdhari; but the suit was decreed against the shares of Chattar and Prayag, the question there having arisen of whether Dudnath Rai had, by his purchase, acquired the share of Prayag Rai, and that point having been decided against Dudnath Rai, the Courts accordingly awarded to Sewa Rai a mortgage decree against the shares of Chhatar Rai and Prayag Rai, with a reservation, which appears to have been forgotten by all parties, and to have escaped their notice until the case came in second appeal before the High Court, that the share of Chhatar Rai was subject to the lien of Dudnath Rai in respect of two mortgage deeds of 28 November 1894 and 6 June 1897.

(3.) However that may be, Sewa Rai did purchase the shares of Chhatar Rai and Prayag Rai; and the Courts below have found that by that purchase Sewa Rai obtained title to the share which he now claims. We know nothing of the two mortgages mentioned in the judgment of Sewa Rai's mortgage suit; whatever may be the effect of that reservation, and the findings of the Courts below may be accepted that Sewa Rai by his purchase acquired title to the share which he now claims. In 1927, Sewa Rai's surviving son, Sheopujan Rai, sold his share to the plaintiff. After the purchase in execution of the shares of Jagu Rai and Bahadur Rai, Dudnath Rai obtained mutation of his name in the Collector's Register for the half-share. He subsequently obtained mutation for a larger share, though it is not clear from the evidence who was the parson whose share was reduced in order that Dudnath Rai might obtain this correct entry. The result was that Sewa Rai and Sheopujan Rai were recorded in Register D for a nominal share smaller than that which would be represented by the shares of Chhatar Rai and Prayag Rai.