RAM NARAIN ALIAS BOREY SINGH Vs. RAM NARAIN ALIAS NANHEY SINGH

JUDGEMENT

(1.) THIS is a Plaintiff's appeal arising out of a suit for profits brought in the Revenue Court in respect of an eight annas share in zamindari property in village Hasanganj for the years 1348 to 1351 F.

(2.) THE following pedigree will be of help in understanding the facts of the case: -

(3.) IN this suit the main defence of the Defendants Respondents (the sons and grand sons of Ram Baksh Singh) was that because of the decree of the Chief Court the Plaintiffs could not be said to be owners of a half share in Hasanganj. An issue of proprietary title having been raised, it was sent to the civil court for decision. The learned Civil Judge to whom the issue was referred, accepted the plea of the Defendants Respondents and held that the Appellants had no share is the property. It may be mentioned here that during the pendency of the suit, the Plaintiffs also made an application to the late Chief Court for amendment of the decree on the ground that there was an accidental or clerical error in the decree. This application was made on the 1st May, 1944. It was dismissed on the 6th August, 1945, minly on the ground that the Plaintiffs had sought the relief after great deley and it was not clear to the Court that it was a case of accidental error or omission. The Court did not go into the merits of the case. The learned Civil Judge relied upon the dismissal of the amendment application also in arriving at his conclusion. This appeal was filed in this Court in 1946 and it has been pending since then and has now come up for disposal after seven years.