DAYA RAM Vs. JAGIR SINGH

JUDGEMENT

(1.) This second appeal by defendants arises out of a suit for the possession of 8 bighas and 8 biswas of land situated in village Palthi, Pargana Teun. The plaintiffs' case was that the land in suit had reverted to them alter the death of Mt. Santi and Mt. Nazku, w/o Prabhu, the last male occupancy tenant. Mutation was effected in favour of the plaintiffs on 21-5-f950. The defendants, however, took forcible possession of the land on 15-6-1950. Consequently, the plaintiffs contended that the defendants, as trespassers, were liable to be evicted.

(2.) The suit was resisted by the defendants on various grounds. Inter alia, it was contended that the suit was bad for non-joinder of Daya Ram, Bali Ham and certain other heirs of Mt. Nazku. In the second place, it was alleged that one Khayalu, the common ancestor of the defendants and Prabhu (the last male occupancy tenant) had once been in possession of the suit land. On that score, the defendants claimed occupancy rights for themselves. In the third place, the defendants alleged that they were joint occupancy tenants and, therefore, after the death of Mt. Santi and Mt, Nazku, the interests of the latter devolved upon them by survivorship.

(3.) The trial Court (Subordinate Judge first class, Bilaspur) directed that Daya Ham, Ball Ram and others should be impleaded as parties. On the other issues, it held that Khayalu had never been in possession of the land in suit and that the defendants were not joint tenants. Consequently, the plaintiffs were granted a decree for possession as prayed for.