JAGJIVANSINGH Vs. AHMED BUX

JUDGEMENT

(1.) THE suit out of which this second appeal by the plaintiffs arises, was instituted on 18 -8 -1960 in the Court of Munsiff, Jalore for possession of a plot of land, situated in the town of Jalore.

(2.) THE plaintiffs' case is that the plaintiff No. 1. Jagjivansingh and Mangilal father of plaintiffs Nos. 2 to 5 purchased this land from one Baghsinsh by a registered sale deed Ex. 1 dated 29 -10 -1958 for Rs. 400/ -. This plot of land, according to the plaintiffs, originally belonged to the Government which had granted a 'patta' of the same to Baghsingh on 17 -9 -1955 (Ex. 2). The plaintiffs' case is that they got possession of the land from Baghsingh on the day they purchased the same but they permitted the defendant Ahmed Bux to occupy it on their behalf. It was stated that when the plaintiffs wanted to set back possession of the land, the defendant Ahmed Bux evaded to hand over the possession of the land to the plaintiffs, and ultimately when the plaintiffs served a notice on Ahmed Bux, the latter in his reply to the notice denied the plaintiffs' title to the land and asserted his own. It was, therefore, prayed that a decree for possession of the land may be granted in favour of the plaintiffs.

(3.) THE learned Munsiff by his judgment dated 23 -10 -1962 dismissed the plaintiffs' suit. The plaintiffs filed appeal which was dismissed by the learned Senior Civil and Additional Sessions Judge, Jalore by his judgment dated 26 -3 -1964. Consequently the plaintiffs have come in second appeal to this Court.