ACHAL SINGH Vs. SUBHA AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal.

(2.) The plaintiff filed a suit for possession of three plots Nos. 1141, 1142 and 1143, the total area of which was one bigha three biswas. Plaintiff's case was that the defendants had taken wrongful possession of the plots in October, 1944, the land being banjar land of 'the plaintiff, the defendants had appropriated the grass that was growing on it and had planted some trees. In the oral pleadings dated 15th January, 1946, it was admitted that the plots were originally grovel and.

(3.) The lower appellate court found that in the first Settlement the plot was mentioned as grove and one of the defendants' ancestors was shown in possession of it as a grove-holder. In the second Settlement a portion of the plot was shown as Ghair mazrua qadim and one bigha as cultured while it was mentioned that there were fourteen trees on it in the possession of person who were ancestors of the defendants, In the third Settlement the plot was divided into three plots and it was mentioned that they were parti jaded containing ten trees.