DEEPAK CHANDEL Vs. MEGH SINGH

JUDGEMENT

(1.) THIS appeal, by the plaintiffs / appellants, is directed against the judgment and decree of the first appellate Court (Additional District Judge), whereby decree dated 26.6.1972, passed by the trial Court in favour of the appellants / plaintiffs in a suit instituted by them, has been set aside and the suit dismissed.

(2.) RELEVANT facts may be summed up thus. Appellants / plaintiffs filed a suit for possession of 22 Bighas, 13 Biswas of land bearing Khasra Nos. 19, 20, 21, 22, 23, 24 and 25, situate in Mohal Khilra, Tehsil Sundernagar, District Mandi, hereinafter referred to as the suit land, pleading the following cause of action.

(3.) DEFENDANTS / respondents contested the suit. They alleged that Keshab had been in occupation of the suit land in the capacity of tenant even prior to the sale by Achhri and, therefore, he had the right to remain in occupation even after the setting aside of the sale because of his status as a tenant. It was denied that Titia, who was a co-purchaser with Keshab from Achhri, had ever been in possession of any portion of the suit land. It was also denied that tenancy had been created in favour of Padu by defendants Keshab and Titia. All the three defendants filed a common written statement, which means that what-ever is stated in the written statement, binds all of them.