BADRI SINGH Vs. BALDEO SINGH

JUDGEMENT

(1.) This appeal is directed against a judgment of the first appellate court dismissing a suit for redemption and recovery of possession of some areas of cultivable land an area of 5 bighas 9 kithas and odd in respect of which redemption was sought was given to Khiro Singh, the ancestor of the defendants-respondents in sudbharna (usufructuary mortgage) of Peman Singh, the ancestor of the plaintiffs-appellants in 1899 A. D. The other area measuring 15 kathas and odd in respect of which there is a prayer for recovery of possession and rendition of accounts, was also put in possession of the ancestor of the respondents after some years. The respondents are admittedly in possession of both the areas,

(2.) Then the case of the appellants is that in 1908 the area of 15 kathas and odd was given by Peman Singh orally to the mortgagees, because it was agreed that the mortgagees would thereafter pay the rent (so far paid by the mortgagor in accordance with the terms of the bond of 1899) of the sudbharna land to the malik out of the income of this area and the balance of the income would be adjusted towards the principal mortgage debt. The respondents are said to have refused to render accounts and to return the land on payment of their dues, if any. On the other hand, the respondents say that Peman Singh sold both the areas orally to them in 1917. He accepted Rs. 90 only as the price of the equity of redemption of the sudbharna land. Further, in or about 1915 the sudbharna land went under water and remained inundated for two years. Hence in lieu of compensation for the loss suffered by the mortgagees due to the inundation, (sic) Peman Singh sold the area of 15 kathas and odd also orally to them. In the alternative, the defendants-respondents claimed acquisition of title to the suit lands by adverse possession.

(3.) The trial court accepted the case of the plaintiffs and decreed the suit, but the appellate court accepted the case of the defendants and dismissed the suit. Hence, the present appeal by the plaintiffs.