DIRPAL SINGH Vs. KARAMCHAND MAHTON

JUDGEMENT

(1.) The question to be determined in this appeal is whether the respondent is entitled to a decree declaring his title and for recovery of possession of plot No. 558, Khata No. 53, located in village Ghatway.

(2.) The material facts are that in the year 1940 the landlord obtained a decree for rent with respect to plot No. 558 Khata No. 23 and p.ot No. 602, Khata No. 28, for which there was a joint jama. On the 16th June 1943, the defendants purchased plot No. 558 by a registered kebala from the recorded tenants. On the 13th of November, 1943, the landlord applied for the execution of the rent decree but he failed to implead the defendants in the execution case. In April 1944 plots 558 and 602 were sold in execution of the decree and purchased by the plaintiff who obtained delivery of posssssion in due course. As the defendants forcibly harvested the paddy, the plaintiff brought the suit for declaration of his title and recovery of possession of plot No. 558 which the defendants alleged to have purchased. The main ground of defence was that the plaintiff was not entitled to a decree since the defendants had purchased the plot from the recorded tenants and since the defendants had not been impleaded in the execution case.

(3.) Both the lower Courts granted the plaintiff's decree mainly on the grounds that the kebala executed in favour of the defendants was not genuine or operative.