BALDEO SINGH Vs. NIRAS SINGH

JUDGEMENT

(1.) These second appeals and civil revisions arise out of the same judgment in a single suit for ejectment of the defendants on the ground that they had encroached upon plaintiffs Plot 842, which is situate contiguous to the defendants plots 835 and 840, to the extent of 1 katha 14 dhurs of homestead land in village Ramdiri.

(2.) There are nine plaintiffs who are related as follows: Plaintiff 1, Khiro, is the father of plaintiffs 2 to 4, plaintiff 2 being Baldeo; plaintiff 5 is a son of Baldeo, and plaintiff 6 is a son of plaintiff 5; plaintiffs 7 and 8 are the sons of plaintiff 3; and plaintiff 9 is a son of plaintiff 4. Of the plaintiffs 6 to 9 are minors under the guardianship of Baldeo, apparently because Baldeo is the karta of the family, though he is not the eldest member thereof. Plaintiffs are, admittedly, members of the joint Hindu Mitakshara family whose karta is Baldeo aforesaid. As the suit related to alleged encroachments on different sides of Plot 842 by the adjoining plots of the defendants, a pleader commissioner was appointed to make measurements. He submitted a report, largely in favour of the plaintiffs. At the time of the commissioner's local investigation, the defendants are said to have claimed only 1 katha and 8 dhurs out of the disputed lands as their own property. Hence, it may be said that the plaintiffs claim in respect of the remaining 6 dhurs was not disputed.

(3.) On 23 May 1944, a petition was filed purporting to be on behalf of the plaintiffs, but signed only by one of them, to the effect that, if the defendant Babu Niras Singh takes special oath by Ganges water, Tulsi and Tamba (copper) in presence of the Court, and states that the disputed property belongs to the defendants, and that the plaintiffs have no concern with the same, the plaintiffs will relinquish their claim, and, if Babu Niras Singh, on going to the land, points out the extent of his land "in the encroached land," after taking special oath in the presence of the Court, the pillars will be fixed accordingly so as to avoid all future trouble. Babu Niras Singh accepted this offer made by the plaintiffs, and stated on special oath as aforesaid as follows: I have taken in my hand Tulsi, Gangajal and a copper coin. The disputed land has been coming in my possession ever since I attained hash, which I did at the age of 15 (his age as recorded is 45 years). The disputed land belongs to me.