PRABHU Vs. RAMDEO

JUDGEMENT

(1.) The appellant Prabhu is the owner of agricultural land bearing Khasra Nos. 224,215, 244, 299, 320, 506,617 and 687 situated in village Milakpur, Tehsil Behror, District Alwar, in the State of Rajasthan. The appellant's father Jora had executed a usufructuary mortgage of the said land in about 1936 for a period of twenty years in favour of one Ganga Din,. After the expiry of the period prescribed by the said mortgage, the appellant obtained a decree for redemption on July 16, 1956. This decree declared that the mortgage and all encumbrances created by the mortgagee or any person claiming under him were extinguished and directed the mortgagee to deliver possession of the mortgaged property to the appellant.

(2.) It appears that during the continuance of the mortgage, the mortgagee Ganga Din had let out the aforesaid land to respondents 1 to 3 Ramdev. Yadram and Nathu, respectively

(3.) Meanwhile, on October 15, 1955 the Rajastan Tenancy Act, 1955 (No. 3 of 1955) (hereinafter called 'the Act') had come into force. On July 28, 1956, the appellant instituted the present suit for possession of the land in question against the three respondents. This suit was tried by the Sub-divisional Officer. In this suit the appellant had alleged that after the redemption decree had been passed in favour of the appellant, the respondents had in fact delivered possession of the property to the appellant, but a few days thereafter they had trespassed into the property and obtained its possession wrongfully. This plea was resisted by the respondents on the ground that they had not surrendered possession of the property to the appellant as alleged by him and that under the relevant provisions of the Act they were entitled to remain in possession of this property. On these pleadings the learned Sub-Divisional Officer framed two issues. They were: