BUTA SINGH Vs. JOTA SINGH

JUDGEMENT

(1.) Bel1.This regular second appeal is directed against the judgment and decree of the first appellate Court which, on appeal, affirmed those of the trial Court.

(2.) The facts, briefly, are that respondent No. 1 (hereinafter referred to as the plaintiff) filed a suit for possession of the suit land on the ground that the land measuring 14 Kanals 9 Marlas was owned by Sadhu Singh and Gian Singh. They had mortgaged the same with Jota Singh plaintiff for Rs.15,000.00 through registered mortgaged deed D /- 30/07/1954. The plaintiff was given possession of the suit land on the same day. Teja Singh, father of the appellants (hereinafter referred to as the defendants), since deceased, cultivated the suit land for about 3/4 years as tenant under Jota Singh plaintiff. He gave up its possession about 5 years prior to the institution of the suit and the plaintiff entered into possession as mortgagee. About three months prior to the filing of the suit, the defendants entered into forcible possession of the suit land.

(3.) The defendants resisted the suit on the ground that Sadhu Singh and Gian Singh were big landowners. The suit land was declared surplus and was allotted to the defendants by the revenue authorities and they were put in its possession.