JULUM RAI Vs. JAINARAIN RAI

JUDGEMENT

(1.) This is an appeal by the defendants who are aggrieved by the concurrent decisions of the Courts below by which they have decreed the plaintiffs' suit for a declaration of title to and recovery of possession of certain lands. One of the questions for consideration is the effect of certain sections of the-Oaths Act, 1873.

(2.) The facts are these: The plaintiffs claim title to 8 kathas 14 dhurs of plot 539 and to 15 kathas out of plot 549 on the basis of certain transfers in their favour from the true owners. The cause of action for the suit was the dispossession of the plaintiffs and the defendants fourth-party as a result of an adverse order passed under Section 145, Criminal P. C.

(3.) The defence to the action was that the plaintiffs and defendants fourth-party had no-title to the land in suit, and that on the material dates although the plaintiffs had title at one time to plot 539, but as a result of an exchange plot 539 came into possession with title of the defendants, the plaintiffs title to plot 549 was wholly denied. It was further urged that in the 145-proceedings the defendants fourth-party gave a special oath to the defendants, and as a result of that special oath, the 145-proceedinga were decided in favour of the defendants, and, therefore, the plaintiffs and the defendants fourth-party are bound by that oath and cannot re-agitate their title in the civil suit.