CHHANGU AHEER Vs. DUKHI AHEER

JUDGEMENT

(1.) SECOND Appeal No. 2698 of 1962 arises out of Suit No. 631 of 1954 instituted by Dukhi respondent against Chhangu and others, appellants, for a declaration that plots detailed in Schedules, A, B, C and D are in possession of the respondent as bhumidhar, and for cancellation of a gift deed dated 2-9-1939 executed by Smt. Govindi, widow of Gajadhar, in favour of the appellants Chhangu and others, as also for cancellation of the compromise dated 17-7-1940 in partition suit No. 44 of 1940 (Dukhi and others v. Smt. Govindi and others) decided on 31-3-1942. SECOND Appeal No. 2660 of 1962 arises out of Suit No. 105 of 1956 instituted by Chhanga appellant against Dukhi and others respondents for a permanent injunction restraining the defendants from interfering with his possession over the properties of Schedules A and B.

(2.) IN order to appreciate the facts of the case it is necessary to give a short pedigree: HANNU | _______________ |________________ | | | | Gajadhar = Smt Govindi Panchu = Smt. Kalui | | ________|______________ | (4 daughter) | Guman = Smt. Ramraji | | | ________|_______________ | | | Dukhi | | (defdts. 1 to 9 Chhangu and others)

(3.) IT is common ground that the tenancy plots left by Hannu were occupancy holdings. During the lifetime of Hannu. Gajadhar purchased two occupancy plots Nos. 1142 and 1143, on 26-8-1888. These very plots were mortgaged by him on 6-6-1914 to third parties, vide Ex. A-30. Similarly, Gajadhar obtained a mortgage in his name on 12-5-1884, in respect of four plots, nos. 1162, 1163, 1166 and 1167, vide Ex. 17. These plots were later purchased by him under the sale deed Ex. A-6 dated 1-7-1889. He mortgaged these plots on 1-6-1909, vide Ex A-31. Gajadhar further acquired an occupancy plot No. 1111 under a sale deed dated 17-11-1892, vide Ex. A-10, and also obtained a lease in respect of some other occupancy plots on 3-6-1891, vide Ex. A-9.