Decided on October 29,1952

HANUMAN RAI Respondents


Narayan, J. - (1.) The defendants are the appellants, and the appeal, arises out of a suit for declaration of title and recovery of possession with regard to 8 bighas 2 kathas 1 dhur of land situate in village Ghosrama alias Subhankar-pur Madho. This land was the property of three brothers named Banjar Kuer, Kishun Kuer and Bishun Kuer. Kishun died issueless, and the defendants first party, the appellants before this Court, are the sons of Banjar. The branch of Bishun is not represented in this litigation.
(2.) The case which the plaintiffs had set up was that Kishun had died in a state of joint-ness with his two brothers Banjar and Bishun, both of whom as members of the Co-operative Society used to borrow loans from that Society. The Society obtained a decree against Bishun, and in execution of that decree purchased this property at an auction sale which was held on 20-12-1932. Possession of the ]and was delivered to the Society on 6-12-1933, and thereafter the Society sold the land to one Ram Narayan by a registered sale-deed dated 21-4-1942. Ram Narayan in his turn sold the land to the plaintiffs by another registered sale-deed dated 7-4-1943. The contention of the plaintiffs is that Bishun had been sued as the karta or the manager of the joint Hindu family consisting of his own branch and Banjar's branch, and they allege that they were dispossessed by the defendants from the land in Chait 1352 Fasli.
(3.) The defendants first party whp are the sons of Banjar resisted the plaintiffs' claim their allegation being that the three brothers were separate from one another, that Bishun was not a member of the Society and no decree had been obtained against him, and that they had all along been in possession of the disputed property. They did not admit that there was an auction sale or a delivery of possession with regard to the disputed property.;

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