M A RAUF Vs. BODHI SINGH

JUDGEMENT

(1.) This appeal involves the important question whether the Subordinate Judge was right to hold that the suit was barred under Article 142, Limitation Act.

(2.) The dispute relates to 14.68 acres of bakasht land in village Chak Dharampur. The Mouza belonged to Ramadhin Singh and Shyamadhin Singh who on 1st August 1917 executed a gale dead in favour of Safdar Ali who in his turn made a registered wakf deed appointing the plaintiff as mutawalli. The plaintiff brought the suit alleging that in the year 1912 Ramadhin Singh and Shayamadhin Singh had in execution of rent decrees purchased the land and obtained dakhaldehani thereof; that in the survey proceeding the land was recorded as bakhashi; that Safdar Ali continued to be in khas possession after his purchase; that in the year 1937 the defendants set up a false claim to the land on account of the Kisan movement. A proceeding under Section 145 was instituted in the Court of the Sub divisional Magistrate who by his order dated 7th June 1939 held that the defendants were in possession of the land. The plaintiff, therefore, brought the suit for a declaration that the land was bakasht and for recovery of possession by evicting the defendants.

(3.) The main ground of defence was that the rent decree obtained by Eamadhin Singh and Shayamadhin Singh were fraudulent and collusive, that the plaintiff never obtained khas possession of the land, that the defendants continued to be in possession and on account of a subsequent compromise the landlord settled the land with the defendants at nakdi rent after taking salami. After Safdar Ali purchased the mouza the defendants obtained renewal of settlement on payment of further salami.