RAGHUNATH SINGH Vs. KISHANLAL

JUDGEMENT

(1.) Aggrieved by the judgment and decree passed by the Additional Judge to the Court of District Judge, Vidisha, in Civil Appeal No. 141-A of 1971 dated 6th March 1972, the appellant-defendants vhave preferred this appeal

(2.) The respondent-plaintiff filed a suit in-the Court of Additional Civil Judge Class II, Basoda, for possession and mesne profits, against the appellant-defendants with the averment that he was the Bhumiswami of survey Nos. 7 and 59 measuring 8 bighas and 2 biswas of village Banwa, which he mortgaged with the defendants for Rs. 600/- only for a period of five years. After the stipulated period of five years, the plaintiff wanted to redeem the mortgage to which the defendants refused.

(3.) The appellants/defendants repelled the case of the plaintiff, contested the suit and pleaded that in Samvat 2020, the plaintiff executed a 'Patta' (Ext D-1) for a period of five years. The defendants further pleaded that they have acquired the rights of Bhumiswami by operation of law and cannot be ejected from their lawful possession.