FAQIRIA Vs. KALU MAL

JUDGEMENT

(1.) IN the settlement of 1852, 'khasra' No. 1471, 'khatauni' No. 19, situate in village Rampur, tehsil Garshankar, District Hosbiarpur was shown to be part of the Shamilat and Pheru Mal son of Dewan Khatri was shown as 'maurusi'. In the settlement of 1868 Pheru Mal was shown as the proprietor of 'khasra' No. 1471. 'khasra' No. 1471 'min' measuring 3 'kanals'. 16 'marlas' was shown in the cultivating possession of Pheru Mal while 'khasra' No. 1471 'min' measuring 13 'marlas' was shown in the cultivating possession of Kaka, Sidhu, and Shiv Saran sons of Dunna, as tenants-at-will on account of 'dharamarth'. In the settlement of 1884, Jattu son of Pheru is shown to be a proprietor of 'khasra' No. 1619, 'khatauni' No. 98/229, corresponding to 'khasra' no. 1471 of the Settlement of 1868 while Kaka, Sidhu, Shiv Saran sons of Dunna are shown to be holding 'khasra' No. 1619 measuring 4 'kanals' 12 'marlas' as tenants-at-will. In the 'kaiflat' column there is a note that the rent" had been remitted by the proprietors to the tenants-at-will.

(2.) ON 12-9-1939, Kalu Mal, Radha Kishan, and Om Nath applied for the partition of land measuring 194 'kanals' 14 'marlas' including the land in suit. In those proceedings Faqiria son of sidhu, Brahaman, resisted the partition of the land in suit claiming that he was a proprietor of 'khasra' No. 1936 measuring 4 'kanals' 12 'marlas'. 3 On 5-3-1946, Kalu Mal instituted Civil Suit No. 170 of 1946 for possession of the land in suit alleging that he was the proprietor of the land and that Faqiria defendant was liable to eviction because he had renounced his character as a tenant under the plaintiff by claiming a title in himself. Faqiria defendant resisted the suit and on the pleadings of the parties the following issues were fixed :the Senior Subordinate Judge said :