BHUKHAN SINGH Vs. JAGARDEO KOERI

JUDGEMENT

(1.) This is a plaintiffs appeal and arises out of a suit for possession of a house. The plaintiffs case was that the house in dispute belongs to one Debi Koeri, and on his dying issueless the plaintiffs, as zamindars, got possession of the house and were in possession since then till the year 1924, when the defendant took the house from the plaintiffs and began to store fodder in the house with the plaintiffs permission. It was further alleged by the plaintiffs that Defendant No. 1 now refuses to vacate the house and hence the plaintiffs were compelled to bring a suit. The defence of Defendant No. 1. who was the sole contesting defendant, was that on Debi having died issueless the house of Debi was in ruins and then two of the zamindars of the village, Bhukhan Singh, the plaintiff, and Sheotahal Singh settled the house with Umrao, the father of Defendant No. 1, on receipt of a nazrana of Rs. 50, and thereafter the defendant and his father built the house anew and are in possession of the house since then. The allegations of the plaintiffs to the contrary contained in the plaint were denied by the contesting defendant.

(2.) The trial Court overruled the pleas taken in defence and passed a decree in the plaintiffs favour. The Defendant No. 1 appealed to the lower appellate Court. That Court has reversed the decree of the trial Court and has dismissed the plaintiffs suit.

(3.) The learned Judge of the lower appellate Court has found that Debi was succeeded by his son Achaibar, and on Achaibar's death in 1912, the zamindars of the mahal, who were the plaintiffs and Sheotahal Singh, named above, got the house of Achaibar by means of a compromise on the 28 August 1912. He has further found that after the death of Achaibar the house remained vacant for three or four years and fell down, and then the plaintiff and Sheotahal Singh allowed Umrao, the father of Gajadhar, to build a house on the site of Achaibar's house, and so Umrao built three rooms in the course of three years on the site of Achaibar's house. The learned Judge of the lower appellate Court disbelieved the allegation of the defendant that, the permission to build the house was given to the father of the defendant on payment of a nazrana of Rs. 50. The allegation of the plaintiffs that they had built the house and they gave some of the rooms of the house to defendant in 1924 has been positively disbelieved by the learned Judge.