KHUSHAL SINGH Vs. TARO BAI AND ORS.

JUDGEMENT

(1.) This regular second appeal has been filed by plaintiff Khushal Singh against the judgment of District Judge, Ferozepur whereby the appeal filed by Taro Bai and others (respondents in this appeal) against the judgment and decree passed by Civil Judge (Junior Division), Jalalabad (W), was accepted and the suit of the plaintiff was dismissed.

(2.) In the written statement, the defendants contested the claim of the plaintiff inter alia pleading that Matab Singh was cultivating the suit land as tenant gair marusi. During the life time of Matab Singh, defendants used to cultivate the suit land with his consent on batai basis and the plaintiff was well aware of this fact. He never raised objection at any point of time. After the death of Matab Singh, the defendants have been continuously in possession of the suit land as tenant in the same capacity like Matab Singh and their possession is not as unauthorized occupant of the suit land.

(3.) Plaintiff reiterated the case in the replication and pleadings of the parties led to the framing of following issues: -