BRIJLAL Vs. NANDKISHORE

JUDGEMENT

(1.) This second appeal has been filed by the defendants against whom the respondents' claim for mesne profits has been decreed.

(2.) The lands in dispute are malik makbuza fields Khasra Nos. 187 and 188 in village Madia Agrasen, Tehsil Rehli. These fields originally be longed to one Kanhaiyalal, who left behind three sons: Manoharlal, Bhagwandas and Chhotelal. By a registered deed, dated 11-5-1945, Chhotelal transferred the whole fields to the defendants in defiance of the rights of his co-sharers. The defendants continued in possession of the fields from that date. The plaintiffs purchased the two-third share held by the other two co-sharers in the fields and then filed Civil Suit No. 62-A of 1951 and succeed ed in obtaining joint possession in the land to the extent of two-third share finally by a decree pass ed by the appellate Court on 24-8-1954. They then brought the present suit claiming mesne pro fits for the years 1949-50 to 1953-54. :

(3.) The defendants disputed the amount claimed as also the claim for the first two years which they said was barred by limitation,