SIDHESHWARI SINGH Vs. RAJBARAN SINGH

JUDGEMENT

(1.) This is plaintiffs appeal from a decision of the Additional Subordinate Judge of Patna confirming a decision of an additional Munsif of the same place.

(2.) The only question now which falls to be determined in this appeal is as to whether the sale held on 14 June 1941 in execution of a decree affected the interest of the plaintiffs who purchased the holding from a transferee of the recorded tenant, after the passing of the decree, and before its execution, and deposited the landlord's fee in favour of the landlord recorded in register D and was not impleaded as a party to the execution proceedings.

(3.) The facts are these: Defendant 1 obtained a decree against the son of the recorded tenant Mahabir on 8 December 1938. Mahabir's son gold the holding to one Sheogobind on 3 April 1939. The plaintiff purchased the holding from Sheogobind on 23 May 1939. The decree was put into execution in the year 1941 in Execution case No. 221 of 1941. The holding was sold and purchased for a sum of Rs. 74 by the principal defendant l, This suit was instituted for a declaration of title and delivery of possession over the holding on, the allegation that the decree was obtained by fraud by defendant 1 after having suppressed all the processes and as the suit was not constituted in accordance with the provisions of Section 148, Bihar Tenancy Act, it was in any event not a rent decree, and merely passed the interest of the parties to the suit, and the sale held in execution of that decree was not a rent sale a3 the plaintiff who had purchased the holding in the meantime and had deposited the landlord's fee at the time of the registration of the sale deed in their favour were not joined as a party to the execution proceedings.