DEONANDAN PRASHAD Vs. JANKI SINGH

JUDGEMENT

(1.) This suit relates to a 12-annas share of Mouzah Tikarampur, Pergunnah Monghyr, being Towzi No. 5298. The property was offered for sale in the Collectorate of Monghyr, for the recovery of arrears of revenue, under the provisions of Act XI of 1859 on the 25th March, 1907 and was bought for the defendant, Babu Deonandan Prashad, a minor, in the name of Bunwari Lal. Before the sale it belonged as to 9 annas to the plaintiffs 7 to 16 and as to the remaining 3 annas to the plaintiffs 17 to 20, subject to a usufructuary mortgage of these 3 annas for the benefit of Deonandaa and to transfers of parts to the. plaintiffs 1 to 6.

(2.) The suit, which impugns the sale, failed in the Court of first instance, but on appeal the plaintiffs claim was upheld and a decree was passed on the 18th August, 1910, that Deonandan, through his certificated guardian, do convey the property to the plaintiffs.

(3.) From this decree Deonandan has preferred this appeal. At one time the property was part of a larger estate, but there was a separation of shares under Act XI of 1859 and thereby the 12-annas share now in suit became subject to a Government revenue of 192 rupees, "payable in four annual instalments.