CHAKRAVARTTI, J. - (1.) THESE are two appeals, arising out of the same suit; and the same judgment, S. A. No. 1261 of 1943 being an appeal by the plff. & S. A. No. 1511 of 1943 an appeal by the daft. The matter came up to this Court, once before & having been remanded, has come up a second time after a second decision by the lower appellate Court.
(2.) THE subject -matter in dispute is a house, situated in the town of Asansol, which, admittedly, was acquired by & belonged to one Hanuman Singh. Hanuman was governed by the Mitak -ahara School of Hindu law & his descendants will appear from the following genealogical table. HANUMAN Ram Nehera Ram Janam Deoman Ramkripal Ram Sagar Baranasia | Ramdas Shyamdas | Hari Narain Baramdeo Jadunathan Shewpujan As far as it appears from the record, all the persons shown in the above table, except Hanuman & Deoman, were alive at all material times, & are still alive. It will be seen that Hanuman left two sons, named Ram Nehera & Ram Janam. Ram Nehera had four sons, named Deoman, Ram Kripal, Ram Sagar & Baramasia & of them, Baramasia has to sons, named Ramdas & Shyamdas, Ram Janam, the other Son of Hanuman, has two sons, named Harinarain & Baramdeo & the former of them has two sons, named Jadunandan & Shewpujan. Deoman died in the year 1938. When Hanuman died does not appear, but it is clear that he died before any of the transactions with which the present suit is concerned took place.
(3.) HANUMAN Singh was a resident of the district of Sahabad and he acquired the house at Asansol when he was employed there in a Colliery. His elder son, Ram Nehera, worked & lived elsewhere but the younger son, Ram Janam, appears generally to have lived with him. After his death, Ram Janam introduced into the house the deft. Jugal Mohini who was his mistress. The two were living together when on 18 -8 -1929, one Mr. Agabeg obtained a decree against Ram Janam for a refund of Rs. 500 which was the price paid for another house which Ram Janam -had sold to Mr. Agabeg & in which Ram Janam was found to have no title. In execution of that decree, Agabeg brought the present house to sale & it was purchased by one Kedar Bhandary on l 3 -1930. On the 27th July following, Kedar sold the house to Jagal Mohini & the result of that transaction was that Ram Janam continued to live in the house. By 1936, however, the relations between him & Jugal Mohini ceased to be cordial & in that year she brought a suit against him for recovery of possession of the house on the allegation that she had been wrongfully & forcibly expelled. On 81 -8 -1936, the suit was decreed. Shortly thereafter, on 18 -9 -1986, the plffs. purchased a 13 annas 4 pies share in the house from the sons & grandsons of Ram Janam & all the surviving members of Ram Nehera's branch, except Baramasia.;