NIGHONA BAI Vs. RAISINGH

JUDGEMENT

(1.) THIS appeal was filed by the two plaintiffs, Mst. Nighona and Chandansingh. Mst. Nighona died during the pendency of this appeal and her legal representative was not brought on record. The decree appealed from is one of dismissal of the plaintiffs' claim to possession and damages.

(2.) IT was not disputed that Khasra No. 93/2 of mouza Samarboh belonged to Mst. Nighona and was given on batai to Chandansingh for the year 1949-50. Plaintiffs claimed that the defendants took possession of this field and removed the grass therefrom worth Rs. 100/ -. They, therefore, instituted the suit for possession of the field and for recovery of Rs. 100/- as damages. The defence was one of denial of the plaintiffs' allegation that the defendants had dispossessed them and removed grass as alleged.

(3.) THE suit was decreed by the trial Court but was dismissed in appeal. It is contended that the appeal Court was in error in interfering with the trial Court's finding.