M.Y.EQBAL, J. - (1.) PLAINTIFF is the appellant and the judgment is of affirmance.
(2.) THE facts of the case lie in a narrow compass: One Narayan Singh was common ancestor who died leaving behind his two sons, Ajambar Singh and Bisambar Singh. Ajambar Singh died before 1937 leaving behind his widow Rusmi Devi who is defendant No. 1. Fulo Kuer is the daughter of Ajambar Singh and Bipin Bihari Singh and Basumati Devi defendant Nos. 2 and 3 are the son and daughter of Fulu Kuer. In other words, defendant No. 2 and 3 are the grand daughters of late Ajambar Singh. The second son of Narayan Singh, namely, Bisambar Singh died leaving behind Digambar Singh who is the plaintiff. The admitted facts are that after the death of Ajambar Singh, defendant No. 1 Rusmi Devi filed Title Suit No. 20/1941 claiming the property left by her husband by way of maintenance. The suit was decreed on compromise in terms of judgment dated 25.3.1942. By virtue of that compromise decree, defendant No. 1 continued in possession of the suit property till 1981 when she transferred the suit property to her grand children by way of gift.
(3.) PLAINTIFF -Digambar Singh then filed Title Suit No. 7/1982 for declaration of his title without seeking any consequential relief. The suit was taken up ex parte and eventually the same was dismissed. Aggrieved by the said ex parte judgment and decree plaintiff filed Title Appeal No. 27 of 1988. The court of appeal below in terms of the impugned judgment and decree dismissed the appeal and affirmed the ex parte judgment and decree passed by the trial court.;