BADRI NARAIN JHA Vs. RAMESHWAR DAYAL SINGH
LAWS(SC)-1951-2-2
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on February 05,1951

BADRI NARAIN JHA Appellant
VERSUS
RAMESHWAR DAYAL SINGH Respondents


Referred Judgements :-

WHITE V. TYNDALL [REFERRED]



Cited Judgements :-

SADHANA RAI VS. BIMLA RAI [LAWS(DLH)-2008-9-105] [REFERRED TO]
CHHOTALAL MAGANLAL BADRANIWALA VS. MAYUR SILK MILLS [LAWS(GJH)-1977-10-4] [REFERRED TO]
REOTI SARAN VS. HARGU LAL [LAWS(ALL)-1963-11-1] [REFERRED TO]
SARJU DEVI VS. PRESCRIBED AUTHORITY KANPUR [LAWS(ALL)-1976-10-33] [REFERRED TO]
JAMUNA OIL MILLS VS. ADDL DISTRICT JUDGE ALLAHABAD [LAWS(ALL)-1978-4-60] [REFERRED TO]
GUR CHARAN VS. RAM KHILAWAN [LAWS(ALL)-1980-6-5] [REFERRED TO]
RAMA DEVI SHAKYA VS. FIRST ADDL DISTRICT JUDGE [LAWS(ALL)-1981-3-30] [REFERRED TO]
NATHIBAI VS. DISTRICT JUDGE KANPUR [LAWS(ALL)-1981-8-17] [REFERRED TO]
SANTOSH KUMAR VS. CHAMELI DEVI [LAWS(ALL)-1982-10-29] [REFERRED TO]
SHAFIQ AHMAD VS. SAYEEDAN [LAWS(ALL)-1983-12-5] [REFERRED TO]
STATE OF U P VS. KAILASH JAISWAL [LAWS(ALL)-2008-1-94] [REFERRED TO]
S SURESH VS. SYED OMER [LAWS(APH)-2000-3-57] [DISTINGUSHED]
POLU VENGAL REDDY VS. KAKI VENKATA BRAHMANANDAM [LAWS(APH)-2004-2-138] [REFERRED TO]
PRABHU DAYAL MARWARI VS. TINKARI BALA DASSI [LAWS(CAL)-1972-7-21] [REFERRED TO]
SHANTARAM LAXMANRAO KEKRE VS. SHYAM SUNDAR [LAWS(MPH)-1971-4-7] [REFERRED TO]
SHAMBHUDAYAL VS. SULEMAN [LAWS(MPH)-1976-8-9] [REFERRED TO]
SYED AHMED VS. SALIMA BI [LAWS(MAD)-1980-7-16] [REFERRED TO]
K M S K RABINDRANATH VS. S BAKYAM PILLAI [LAWS(MAD)-1987-2-17] [REFERRED TO]
RANJAN KUMAR SINHA VS. PRABIR KUMAR SINHA [LAWS(CAL)-2006-7-60] [REFERRED TO]
NARIMAN ASPANDIAR IRANI VS. ADI MERWAN IRANI [LAWS(BOM)-1989-6-24] [REFERRED TO]
BATA SHOE CO P LTD VS. PREETAMDAS DHAKUMAL SINDHI [LAWS(MPH)-1982-2-31] [REFERRED TO]
MOHAR SINGH VS. DEVI CHARAN [LAWS(SC)-1988-5-66] [DISTINGUISHED]
KRISHNA KUMAR KHEMKA VS. GRINDLAYS BANK P L C [LAWS(SC)-1990-5-27] [REFERRED TO <SI><ACT>CODE OF CIVIL PROCEDURE,1908</ACT> - <S>OR.40R.1</S>- RECEIVER - CREATING NEW L]
PRAMOD KUMAR JAISWAL VS. BIBI HUSN BANO [LAWS(SC)-2005-5-69] [REFERRED TO]
SATTAR MOHAMMAD CHOUDHARI VS. GUNDAPPA AMABADAS BUKATE [LAWS(SC)-1996-10-88] [DISTINGUISHED]
T LAKSHMIPATHI VS. P NITHYANANDA REDDY [LAWS(SC)-2003-3-101] [REFERRED . (PARA 15)]
BALDEV MITTAR AND TIRATH PARKASH VS. BASANT RAM [LAWS(DLH)-1969-9-5] [REFERRED]
S N SHEOPURI VS. FAB INDIA OVERSEAS P LTD [LAWS(DLH)-2011-7-115] [REFERRED TO]
SYED MAZAHAR MUSTAFA JAFRI VS. RENT CONTROL AND EVICTION OFFICER [LAWS(ALL)-1991-9-19] [REFERRED TO]
NAWAB JAMSHED ALI KHAN VS. STATE OF U P [LAWS(ALL)-2010-1-65] [REFERRED TO]
HAMEEDA BEGAM VS. CHAMPA BAI JAIN [LAWS(MPH)-2003-2-54] [REFERRED TO]
SHAIKH USMAN S O SHAIKH BURAHAN VS. SHAIKH BADRUDDIN S O SHAIKH BHAGAN [LAWS(BOM)-1992-3-52] [REFERRED TO]
MAR APPRAEM KURI COMPANY LTD VS. DIX [LAWS(KER)-2004-1-38] [REFERRED TO]
ATMARAM BAPU MANE VS. SRIMANT SOPAN MANE [LAWS(BOM)-2002-9-40] [REFERRED TO]
PYARE VS. PYARE S/O HIRA [LAWS(P&H)-1951-6-15] [REFERRED TO]
RAMLA BALDEV VS. KIRAN SINGH MANGAT [LAWS(P&H)-1959-8-24] [REFERRED TO]
HARI PRATAP VS. RAMGOPAL [LAWS(RAJ)-1960-1-15] [REFERRED TO]
BHOORI LAL VS. GEHRI LAL [LAWS(RAJ)-1965-10-13] [REFERRED TO]
TATA IRON AND STEEL CO LTD VS. ABDUL AHAD [LAWS(PAT)-1969-10-3] [REFERRED TO]
SEKHAR CHAND SWAMI VS. SAVITRI AGARWALLA [LAWS(GAU)-1996-1-21] [REFERRED TO]
HAFIZULLAH VS. SHIKHAR CHAND JAIN [LAWS(MPH)-1997-5-48] [REFERRED TO]
FEB INDIA OVERSEAS PRIVATE LIMITED VS. S.N.SHEOPORI [LAWS(DLH)-2013-1-318] [REFERRED TO]
SHEIKH JAMALUDDIN ANSARI VS. XIITH ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-1992-9-125] [REFERRED TO]
BALAK RAM VS. KEDAR NATH [LAWS(HPH)-1994-3-23] [REFERRED TO]
FAB INDIA OVERSEAS PRIVATE LTD. VS. S.N. SHEOPURI [LAWS(DLH)-2015-10-142] [REFERRED TO]
RAM DHAN VS. BASANTA AND ANR. [LAWS(HPH)-1973-5-2] [REFERRED TO]
SHRI KISHAN CHAND DASS & ORS. VS. KUONI TRAVEL (INDIA) PRIVATE LTD. [LAWS(DLH)-2016-9-5] [REFERRED TO]
SMT. SAVITRI DEVI VS. RAM KRISHNA AND OTHERS [LAWS(ALL)-1980-10-58] [REFERRED TO]
SUSHIL RANJAN GHOSH VS. BIMALA BASU [LAWS(CAL)-1975-11-23] [REFERRED]
HARNAM KAUR VS. SAWAN SINGH [LAWS(P&H)-1959-8-26] [REFERRED]
JOGINDER SINGH NAGI VS. M/S NEW SILVER LINE TRADERS PVT LTD [LAWS(DLH)-2017-7-52] [REFERRED TO]
SMT. GEETA DEVI VS. OM PRAKASH [LAWS(ALL)-2020-6-6] [REFERRED TO]
GEETA DEVI VS. OM PRAKASH [LAWS(ALL)-2020-6-43] [REFERRED TO]
MOTI KUMARI VS. MD. HABIBUR RAHMAN [LAWS(GAU)-2022-2-135] [REFERRED TO]


JUDGEMENT

Mahajan, J. - (1.)This appeal arises out of suit No. 9 of 1939 instituted in the Ct. of Subordinate Judge of Palamau by the applts. against the respts. for a number of declarations in respect to their title to certain lands and for an injunction restraining the respts. from proceeding with a rent suit. The suit was decreed by the Subordinate Judge but on appeal this decision was revsd. by the High Court of Judicature at Patna and the applts’. suit was dismissed.
(2.)The salient facts of the case are as follows:
Village Darha belonged to a family of Pathaks as their ancestral lakhraj. Over a hundred years ago, the Pathaks granted the entire village in mokarrari to the ancestors of the family of Singhas (defts’. first and second parties) at an annual jama of Rs. 14. The mokarrari interest eventually devolved on three branches of the Singha family, each branch getting in the following proportions:Parameshwar Dayal and others, defts’. first party, to the extent of six annas; Bisheshwar Dayal Singh, defts’. second party, to the extent of eight anas; and Madhav Saran Singh, to the extant of two annas. Subsequently, the two anna share of Madho Saran Singh was purchased by Hiranand Jha, father of the pltfs. jointly with Durganand Jha and Dharam Dayal. Dharom Dayal was a mere benamidar for Hiranand Jha.

(3.)On 5-6-1916, Bisheshwar Dayal Singh purchased six anna share in the lakhraj interest from Deolal Pathak and others and on 9-2-1917 he purchased another two anna share from Mandil Pathak. By virtue of these purchases he came to own the lakharaj interest to the extent of eight anna share. He already held the mokarrari interest to the same extent which had devolved on him by inheritance.
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