GURUSHARAN SHARMA, J. - (1.) IN this appeal, dispute relates to 7 decimals land of plot No. 318 with house thereon situated at Garhwa town.
(2.) ADMITTEDLY , plot No. 318 belonged to one Jai Narain Pathak, who had two sons, Gobardhan Pathak and Janki Pathak. Janki Pathak died leaving behind his son, Nageshwar Pathak alias Bitan Pathak. Some time in the year 1929, there was a partition between Gobardhan Pathak and Nageshwar Pathak, wherein Southern half of the house standing over plot No. 318 was allotted to Nageshwar Pathak and Northern half thereof to Gobardhan Pathak, who died leaving behind three sons, Bindeshwar Pathak, Maheshwar Pathak and Jagdishwar Pathak, Nageshwar Pathak died issueless in the year 1930, leaving behind his widow Gopi Kuer. One Jaigobind Mishra filed Money Suit No. 251 of 1937 against said Gopi Kuer and obtained a decree. In lieu thereof her house standing over plot No. 318 was auction -sold and purchased by the decree -holder, vide Execution Case No. 382 of 1939. She filed application under Order 21 rule 90 of the Code of Civil Procedure, which was rejected. She also filed Title Suit No. 88 of 1943 for declaration of title and recovery of possession of the said house and another Title Suit No. 103 of 1947 on behalf of Thakurjee challenging the said auction sale, but lost both the suits.
(3.) AFTER death of Jaigobind Mishra in the year 1950 his both sons, Deobans Mishra and Tapeshwar Mishra sold the property in question to Maheshwar Pathak, aforesaid.;