KESAR DEVI Vs. SURAJ BHAN

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and dismissing the suit of the plaintiff-appellants for restraining the defendant-respondent from interfering in their peaceful possession.

(2.) THE facts :the plaintiff-appellants (hereinafter the plaintiffs) alleged that they were owners-in-possession of the disputed land; that in June, 1975, land measuring 84 Kanals 2 Marias described in paragraph 3 of the plaint was given on lease to the defendant-respondent (hereinafter the defendant) for five years for cultivation as lessee at the rate of Rs. 800/- per annum; that the said lease period expired on June 10, 1980; that after June 15, 1980, the plaintiffs cultivated the land and continued to be in possession as owners and that the defendant threatened to interfere in their peaceful possession, thus necessitating the filing of the suit giving rise to this second appeal.

(3.) THE defendant denied the allegations made in the plaint and pleaded that the terms of the lease were not settled; that it was settled between the parties that he was to continue to remain in possession of the suit land as a lessee on payment of Rs. 500/- per annum as lease money; that he was in possession of the suit land as a tenant under the plaintiffs; that the plaintiffs received rent of Rs. 500/- in the year 1981 from him and that too after 10th of June; that plaintiffs No. 2 to 4 were majors and were wrongly shown as minors and that the civil Court had no jurisdiction.