UJAGAR SINGH Vs. JOMDAR SINGH DEAD

JUDGEMENT

(1.) The defendant/appellants have come up in appeal aggrieved by the judgement and decree of the Power Appellate Court decreeing the suit filed by the plaintiff/respondents in supersession of the judgement and decree of the trial Court which had dismissed the suit.

(2.) The suit property consists of land S. No. 1110 area 4 bighas 2 biswas. Late Gajrajsingh had three sons namely Jomdar Singh and Shriram Singh, and late Khayal Singh whose legal representatives are the defendants. The parties were holding the lands as Pukta Maurusi tenants on the date of vesting under the ex-proprietor. In the revenue papers, the parties were so recorded. Khasra for Samvat year 1999 (Ex. P/4) and Khasra for Samvat year 2007 (Ex. P/3) records Ujagar Singh, Mathuri Singh, Jagram Singh to the extent of 1/3rd, and Jomdar Singh and Shriram Singh to the extent of 2/3rd, jointly as tenants. However, in the remarks column, the two plaintiffs are recorded in possession of the land.

(3.) The case of the plaintiffs was that only they two having been in possession of the land on the date of vesting, i.e., 2-10-1951 (Samvat year 2007), the rights of Pukka Krishak would accrue to them alone under S. 38 of M. B. -amindari Abolition Act, 1951 inasmuch as the rights accrue to the tenant in possession only. They also alleged that the three defendants being out of possession, did not acquire any rights in the land on the abolition of the proprietary rights. This contention has found favour with the Lower Appellate Court.