SURAJ AHIR Vs. PRITHINATH SINGH

JUDGEMENT

(1.) This appeal, on a certificate granted by the High Court of Judicature at Patna, arises in the following circumstances:

(2.) The plaintiffs-respondents sued the appellants for the recovery of possession of the disputed lands and mesne profits as the family of the defendants did not have any raiyati interest in the disputed lands except rehan interest under the rehan deed dated July 3, 1906, and that, subsequent to the redemption of that deed, they had no right to remain in possession and occupation of the disputed lands.

(3.) The plaintiffs alleged that Pranpat Bhagat and others held eight annas share of milkiat interest in village Sevathra, Pargana Nonapur, tauzi no 3879 and that the other eight annas share was held by Kunj Bhihari Bhagat and others. These persons also held khudkast lands in the village and that such lands were treated as kasht lands. In 1906 Ram Autar Bhagat, one of members of the joint family of Pranpat Bhagat, executed the mortgage deed with respect to 15 bighas of land out of 16 bighas of kasht lands, to Sheo Dehin Ahir, on behalf of his joint family. The defendants entered into possession on the basis of that mortgage deed, they having had no connection with the land mortgaged prior to the execution of the mortgage deed.