SAMHARU DEFENDANT Vs. DHARAMRAI PANDEY

JUDGEMENT

(1.) THIS defendant's appeal has come to us on a refer ence made by our brothers W. Broome and G. C. Mathur.

(2.) THE suit giving rise to this appeal was filed by the plaintiffs-respondents for the ejectment of the defendants from certain plots of agricultural land on the allegation that they (the plaintiffs-respondents) were the Sirdars of the plots in suit. It was alleged that about thirty years next preceding the date of the filing of the suit the ancestors of the plaintiffs-respondents had borrowed a sum of Rs. 200.00 from the ancestors of the defendants and had executed an unregistered mortgage deed for the same and on the basis of that transaction the defendants' ancestors were put in possession over the land in suit. It has been pleaded that the entire mortgage debt has been satisfied through the receipt of profits of the disputed land by the ancestors of the defendants and thereafter the defendants themselves. Relief of rendi tion of account and delivery of possession was claim ed by the plaintiffs.

(3.) THE trial Court dismissed the suit. On appeal by the plaintiffs the first appellate Court decreed the suit, subjectto the plaintiffs depositing a sum of Rs. 200.00on the finding that the amount of debt had not been satisfied from the usufruct.