RAM LAKSHMAN JANKI JI Vs. MAKUND LAL SAHU

JUDGEMENT

(1.) This appeal had been filed by the plaintiffs against a decision of the Subordinate Judge of Bhagalpur, dismissing their suit on a preliminary ground.

(2.) The suit is one for a declaration of title to and for recovery of possession of certain property in Bhagalpur Town by dispossessing therefrom defendants 1 to 3, defendants first party. The suit has been dismissed as being non-maintainable by reason of a previous suit brought by the plaintiffs as lessors to eject the defendants first party from this very property, On the allegation that they were tenants and the tenancy had been terminated by the expiry of notice to quit.

(3.) The relationship of the parties will appear from the following skeleton genealogy: According to the plaintiffs the houses in suit belonged to Giridhari Lal Sahu, who was separate from his brothers; on his death they passed to his son Banwari Lal, and on Banwari's death to Hari Lal; from Hari Lal, the property passed to his mother Jasoda, and finally on Jasoda's death to Dwarika Lal and Jago Lal plaintiff 2, as next reversioners.