SURAJ MAL Vs. CHAHAT

JUDGEMENT

(1.) This order will dispose of two connected Regular Second Appeal Nos. 1208 and 1209 of 1965. Since the facts in both these cases are almost identical and the same question of law is involved in them, it is conceded by the counsel for the parties that the decision in R.S.A. No. 1208 of 1965 will govern the other case as well. I would, therefore, refer to the facts of R.S.A. 1208 of 1965 only.

(2.) Suraj Mal, plaintiff, brought a suit for possession of the land in dispute against Chahat and his brother Jasmal on the allegations that since a very long time he and his predecessors-in-interest had been in possession of the land in lieu of which the suit land had been allotted at the time of the consolidation of holdings in the village. They held the land on the condition that they would not be ejected therefrom. The plaintiff had previously brought a suit before the Revenue Court for being declared as an occupancy tenant of this land and the said suit was decreed. The defendants had been cultivating this land as sub-tenants and since they repudiated the tenancy and were recorded as mortgagees of the suit-land, in spite of the fact that neither any mortgage was created by the plaintiff nor any amount had been paid to him, the plaintiff had to file this suit for their ejectment.

(3.) The suit was resisted by the defendants who controverted the allegations made against them by the plaintiff, Several pleas were taken by them but in the present appeal, we are concerned with only one of them, viz. whether they had repudiated the tenancy as alleged by the plaintiff.