UMRAO Vs. MANIKCHAND

JUDGEMENT

(1.) THIS is a plaintiffs second appeal against the judgment and decree dated the 20th of January, 1958 passed by the Addl. District Judge, Vidisha, in Civil Appeal No. 131 of 1956 whereby he affirmed the judgment and decree passed on 31 -5 -1956 by the Civil Judge, IInd Class Bhilsa, in Civil Suit No. 245 of 1955.

(2.) THE suit out of which the present appeal arises was institued by the present appellants and was based on the allegations that the plaintiffs, who were the Zamindars of village Karhaiya, had mortgaged with possession their entire Zamindari property with respondent No. 1 and one Ramprasad for a period of 25 years. One of the conditions of the mortgage was that respondent No. 1 shall not grant maurusi rights in the land to any agriculturist on acceptance of Nazrana. The respondent No. 1, however, leased out the land to respondent No.2 during the continuance of the mortgage.

(3.) THE respondent No.1 replied that proceedings should be taken against respondent No. 2 as he had no interest left in the land. The respondent No. 2 in his turn claimed that he had become a pakka tenant of the State and could not, therefore, be asked by the mortgagors to deliver possession there of. The present appellants, therefore, filed a suit for recovery of possession of the land in dispute and for mesne profits at the rate of Rs.50. P.M. till recovery of possession.