DURJAN SINGH Vs. SAMSHER KHAN

JUDGEMENT

(1.) THIS is a second appeal by the defendants in a suit for declaration and is directed against the judgment and decree of the learned District Judge, Udaipur.

(2.) SHAMSHERKHAN and Sardarkhan filed the present suit in the court of the Sub Divisio-nal Officer, Udaipur, on the allegations that they had purchased 10 Bighas of land known by the name of 'dhimri' in village Chikalwas from defendant No. 6 Madansingh Sahiwala for Rs. 951/- in Smt. 2007 by a registered deed. It was alleged that the plaintiffs were in possession of this land as Thekedars even prior to the date of sale in their favour. After the sale, they continued to be in possession of the land, but the defendant Nos. 1 to 5 were bent upon interfering with their possession and on the night of Baisakh Sudi 1, had destroyed their hedge. In paragraph 1 of the plaint, it was mentioned that defendant No. 6 was the jagirdar of village Chiklawas. In paragraph 4, it was alleged that since the date of the sale they have acquired Kharam (Kashat) rights over this land. It was prayed that it may be declared that the plaintiffs are the permanent Kharmadars (Kashatkars) of this land and the defendants be restrained by means of an injunction from interfering with their possession.