INDERAM MANSARAM Vs. RAMDIN BHAGWANT PRASAD

JUDGEMENT

(1.) This appeal is by the decree-holders against the order, D/- 16-12-1939 passed by Shri S. M. Afzal, Additional District Judge. Durg, in Miscellanous Civil Appeal No. 7 of 1959, reversing the order, D/- 31-7-1959, passed by Shri J. D. Shrivastava, Civil Judge, Class II, Bemetara, in Miscellaneous Judicial Case No. 45 of 1958.

(2.) One Bhagwatiprasad, since deceased (who was defendant 4 in the Civil Suit) mortgaged with the original fifth defendant, Ramjilal and his brother, Rainkrishna, his. 4 annas share in village Andhiyarkhor on 15-10-1923, The whole of the Village share relating to four annas interest excluding cultivating rights in sir lands was the subject-matter of the mortgage for a consideration of Rs. 3000/- in favour of Ramjilal and his brother, Ram'krishna. On the basis of the deed, the mortgagees obtained a decree for foreclosure in Civil Suit No. 75 of 1930. The decree-holders were in possession of the foreclosed property till they sold the same to the present appellants on 5-4-1942 by a registered sale deed. The sale deed recited that all the foreclosed property, along with khudkast lands appurtenant to the village share was sold. The present appellants claimed to have obtained possession of the village share, including khudkast lands from the mortgagees They alleged that they were dispossessed in the year 1951-52.

(3.) The defence of the present respondents was a denial of all the allegations of the plaintiffs. They claimed to be in possession of the suit lands adversely to the plaintiffs and their predecessors, namely, Ramjilal and Ramkrishna.