RAMANAND PATHAK Vs. BINDHACHAL TEWARI

JUDGEMENT

(1.) This is a second appeal by the defendants and it arises out of a suit for partition in which there was also an alternative prayer for recovery of possession in case the plaintiff was found to be out of possession. The plaintiff's case was that he had purchased three-fourth share in 4 bighas 15 kathas and 15 dhurs of kaimi kast land in execution of a decree, and that joint possession had been delivered to him on 28-8-1981. The whole of the remaining one-fourth share in the land was held by one Mt. Bahorna Kuer, a lady of the defendants family who is now dead leaving these defendants as her heirs.

(2.) There were two sets of defendants in the suit, the first set being the heirs and descendants of Geyan Pathak against whom the plaintiff had obtained his decree, and the second set being the zarpeshgidars of a portion of the land sold. The claim was resisted by some of the defendants first party and they pleaded that the plaintiff bad acquired no valid title by virtue of his alleged auction-purchase a3 the entire proceeding from the commencement of the suit up to the auction sale was fraudulent. They also contended that the plaintiff had never obtained joint possession and that his claim was barred by limitation.

(3.) Both the Courts concurrently found that the plaintiff had acquired valid title to three-fourth share in the property by virtue of the purchase at the auction sale and that the proceedings were not vitiated by fraud. They overruled the plea of limitation and passed a decree for recovery of possession and partition.