9911796707
TMI Blog1976 (3) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt dismissed the suit in respect of land measuring 28.36 acres out of plot No. 3863/ 41. Suit in respect of the remaining land was decreed. The plaintiffs were also held entitled to recover mesne profits from defendants who might be found in possession of the land decreed. On appeal by defendants 3, 7, 12 and 14 the Patna High Court accepted the appeal and dismissed the suit in its entirety. The plaintiffs have come up in appeal to this Court against the judgment and decree of the High Court on certificate granted under article 133 (1) (a) of the Constitution. Village Shivpur Diar consists of five Mahals, Shivpuur Diar Nambari, Shivpur Diar Gangbarar Shurnali, Shivpur Diar Gangbarar Janubi, Shivpur Diar Sarju Barar and Shivpur Diar Nau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by her in favour of plaintiffs 1 to 9, 14, 16 to 18 and father of plaintiffs 10 to 13. Three days later on September 30, 1940 Sheo Prasad Singh executed another deed for perpetual lease in respect of the remaining land measuring 8 bighas in favour of plaintiff No. 15. On May 16, 1941 Mahadeo Rai and others, in whose favour lease deed of the land had been executed for seven years, relinquished their rights under the lease in favour of the plaintiffs. On July 13, 1942 Maina Kuer sold her proprietary interest which she had acquired under the auction sale lo Rajendra Prasad Singh and others. The plaintiffs in whose favour deed for perpetual lease of the land purchased by Maina Kuer had been executed filed the present suit in January 1950 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants had made a number of contentions, but in our opinion, it is not necessary to go into all of them for the appeal is liable to be dismissed on the short ground that the plaintiff-appellants have failed to establish that the land in dispute is the same as had been purchased in auction by Maina Kuer as per sale certificate dated February 26, 1935 and was thereafter leased on her behalf in favour of the appellants as per two lease deeds dated September 27 and 30, 1940. It is not disputed that if on the above view of the matter the appellants are found to have not proved their title to the land in dispute, the question of going into other contentions would not arise. Mr. Sarjoo Prasad, however, sub- mist that the defendant-respondents d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e certificate dated February 26, 1935 was situated in Bihar district in the State o Uttar Pradesh on the left bank of the Ganges. The land which is the subject matter of the present that land in situated in Shahbad district in the State of Bihar on the right bank of the Ganges. Although the land is subject to river action, the onus to prove that the land in dispute in Shahbad district represents the land which got submerged as a result of the river action in Bihar district was upon the plaintiff- appellants. The appellants have failed as held by the High Court, to discharge this onus. Mr. Sarjoo Prasad took us through the evidence of Ram Pachise Lall (DW 3) and Nanku Lall Singh (DW 5), but the evidence of these witnesses is far from prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresented by their legal representatives. To remand the suit to the trial court would necessarily have the effect of keeping alive the strife between the parties and prolonging this long drawn litigation by another round of legal battle in the trial court and thereafter in appeal. It is time, in our opinion, that we draw the final curtain and put an end to this long meandering course of litigation between the parties. If the passage of time and the laws of nature bring to an end the lives of men and women, it would perhaps be the demand of reason and dictate of prudence not to keep alive after so many years the strife and conflict started by the dead. To do so would in effect be defying the laws of nature and offering a futile resistance t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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