PUNJAB SUGAR MILLS CO LTD Vs. LAKSHMAN PRASAD

JUDGEMENT

(1.) This is a plaintiff's first appeal arising out of a suit for possession and declaration. The plaintiff asked for the following reliefs : (a) A decree awarding joint possession over the plots mentioned in list (C) in this plaint, to the extent of a 14 anna share, may be passed in favour of the plaintiff against the defendants first party.... (b) A decree may be passed in favour of the plaintiff against the defendants declaring that the plaintiff is entitled to realize the tehbazari dues of the market held on a part of the plots mentioned in list (B) of this plaint situate in Mauza Ponharia, to the extent of a 14 anna share. The facts giving rise to this litigation between the parties can briefly be stated as follows : Upto year 1911, the entire Village Ponhariya tappa Matkopa, was held by a Thakur family, the pedigree of which is given in the plaint at p. 13. This family is now represented by the defendants-second set.

(2.) The entire village was held by the members of this family as follows : (1) 5 anna 4 pie share by Har Prasad Singh; (2) 5 anna 4 pie share by Bachan Singh, Guchan Singh and Sat Narain Singh in equal shares; and (3) the remaining 5 anna 4 pie share by Kishan Prasad Singh and Madho Prasad Singh in equal shares jointly. On 6 July 1912, Guchan Singh sold out of his 1 anna 9 pie and odd share, 1 anna 3 pie and odd share to Harbans Prasad Tiwari and Trilok Nath Tiwari, the ancestors of the defendants first set. On 11 November 1911, Kishan Prasad Singh sold his 2 anna and 8 pie share to Harbans Prasad Tiwari and Trilok Nath Tiwari. In this manner, as stated in the plaint, the ancestors of the defendants first set became co-sharers in the village to the extent of 3 anna 11 pie and 1 suls share.

(3.) On the 6 July 1912, Guchan Singh hypothecated his remaining 6 pie share in the aforesaid village to Harbans Tiwari and Trilok Nath Tiwari. In respect of the two sales made by Guchan Singh and Kishan Prasad Singh, as mentioned above, Bachan Singh filed two suits for pre-emption and Madho Prasad Singh filed a suit for the cancellation of the sale deed dated 11 November 1911. On 5 April 1913, Bachan Singh who had filed the pre-emption suits, Madho Prasad Singh who had sued for the cancellation of one of the two sale deeds and Harbans Prasad Tiwari and Trilok Nath Tiwari entered into ant agreement to settle their differences.