AMRITLAL CHOUDHARY Vs. AHILYA BAI

JUDGEMENT

(1.) Appellant-defendant No.1 has filed this second appeal challenging the judgment and decree dated 08.01.2019 passed in Regular Civil Appeal No.60/2018 by the 4th Additional District Judge, Katni (M.P.), whereby the appeal filed against the judgment and decree dated 19.03.2018 passed in RCSA No. 18/2011 by 1 st Additional Civil Judge Class 2 to the Court of 1 st Civil Judge Class 2, Katni, has been rejected.

(2.) Respondents No.1 to 5 were plaintiffs before the trial Court and they had filed a civil suit for eviction of appellant-defendant No.1 namely Amritlal from suit land i.e. Khasra No.1228, raqba 0.60 hectare, out of total raqba of 1.26 hectares, situated in Village Khirhani, Tehsil Bahoriband, District Kanti, M.P.

(3.) As per respondents-plaintiffs' case, suit land was their ancestral land belonging to their father, who had died on 09.09.2004. Respondents- plaintiffs are joint owners of Khasra No. 1228. Said land was given on lease for a period of three years to Amritlal. For getting the lease of three years, Amrit Lal was required to pay the loan amount which was taken by the father of respondents for construction of a well over the suit land. The said loan could not be paid by the father of respondents-plaintiffs. For period of three years, appellant-defendant No.1 did agriculture on the land in question and repaid back the loan amount of Rs.50,010/- and also earned profit of Rs.40,000/- from the land in question. After completion of the lease period, appellant- defendant No.1 did not hand over the possession of land in question to the respondents-plaintiffs. Land was taken on lease on 25.04.2006. After completion of three years, possession of land was not given to the respondents-plaintiffs. Plaintiffs filed a suit for getting possession of land from appellant-defendant-Amritlal.