GANGA RAM Vs. PEHLAD

JUDGEMENT

(1.) This is plaintiffs' second appeal whose suit for possession was decreed by the trial Court, but was dismissed in appeal.

(2.) The plaintiffs filed the suit for possession of agricultural land on the basis of a perpetual lease dated 11th February, 1963, alleged to have been executed by defendant Pehlad, who was the owner of the suit property, in favour of the plaintiffs. According to the plaintiffs, they had been dispossessed from the suit land in pursuance of the proceedings under section 145, CR. P.C. and, therefore, in order to get their rights decided under the lease deed, they filed the present suit.

(3.) The suit was contested, inter alia, on the ground that the defendant never executed the alleged lease deed in favour of the plaintiffs. It was further stated that the plaintiffs had played fraud and exerted undue influence upon him and he was made to put a thumb impression on certain paper which was not executed by him with his free will and consent and, therefore, the question of execution of the perpetual lease deed between the parties did not arise. Moreover, the possession of the suit property was never delivered to the plaintiffs.