SADHU ETC. Vs. SANDHYA LAL SHARMA

JUDGEMENT

(1.) These are 14 Civil Miscellaneous Petitions under Clause 9 of the Letters Patent for permission to file appeals before a Division Bench. Regular Second Appeal No. 6 of 1974 along with 13 other connected Regular Second Appeals were decided by this Court on December 4, 1974. The 14 appeals were dismissed and the decisions of the learned District Judge were confirmed. The Defendants have now sought to file Letters Patent Appeals before a Division Bench.

(2.) The case of the Plaintiffs was, that they were landowners of several Khasra numbers and were even in possession over which the Defendants came as trespassers by getting entries in their favour in the Khasra Girdawari of Rabi 1968. As such the suits were filed for declaration and also for permanent injunction restraining the Defendants from interfering with the possession and enjoyment of rights by the Plaintiffs. In the alternative decrees for possession were also solicited which became necessary because the Defendants dispossessed the Plaintiffs during the pendency of the litigation.

(3.) The contest of the Defendants was that the Plaintiffs were no doubt landowners but the Defendants were the tenants and were in constant possession for the last thirty years. At the same time the Defendants admitted that neither any entries were made in the Revenue records nor any rent receipts were obtained. According to them, a mutual understanding took place between them that the Defendants will remain in possession but they will not get rent receipts and that the entries will not be made in the Revenue records.