SOMATSINGH Vs. LELLA BAI

JUDGEMENT

(1.) This second appeal is by the plaintiffs aggrieved by the judgement and decree passed by the lower appellate Court, whereby the suit of the plaintiffs for declaration and possession decreed by the trial Court has been dismissed.

(2.) The appeal was admitted by this Court on the following substantial questions of law :-

(3.) Brief facts leading to this appeal are thus : the suit relates to agricultural land situated in village Bothi, Tehsil Kurwai, District Vidisha, bearing survey No. 42, area 4 bighas 14 biswas and survey No. 44, area 13 bighas 7 biswas. The plaintiffs' case is that originally Natthe Khan was the owner and in possession of the suit land. The defendant Gulabsingh was his holder of general power of attorney. Natthe Khan transferred the suit land to one Bhaiyalal vide registered sale deed dated 30-9-1963, which is not denied by the defendants. In turn, on 22-2-1973 Bhaiyalal transferred the suit land putting the plaintiffs in possession vide registered sale deed dated 21-5-1973 (Ex. P. 1), but it is stated that the defendant Gulabsingh (who died during the pendency of this appeal and his legal representatives have been brought on record) started obstructing in cultivation of the land asserting his right over the land, therefore, the plaintiffs had to institute the suit for declaration. During the pendency of the suit, it was alleged by the plaintiffs that they were dispossessed, therefore, claimed the relief of possession by amending the plaint on 16-12-1976. The defendant contested the suit. In para 11 of the special pleas, a defence was set up that in June, 1966 the suit land was given by Bhaiyalal to the defendant as a Shikami tenant and he continued as such in possession on yearly payment of Rs. 22/- as lagan. To prove the defence, four receipts, Exts. D1 to D4, and khasra entries, Exts. D5 to D7 showing the possession of the defendant in column No. 12, were produced.