GOPAL Vs. MADAN LAL

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree of R. A. A. Kota dated dated 6-1-67 whereby the appeal filed by the respondent against the order of S. D. O. , Aklera was accepted and the suit of the plaintiff respondent was decreed. If was further observed that the plaintiff is entitled to fifteen times annual rent from the appellants.

(2.) A suit u/s 183 of the Rajasthan Tenancy Act was filed by the plaintiff-respondent before the Assistant Collector, Aklera with the averment that the land covered by khasra number 512/309 of the khata of Bhuwana was mortgaged for Rs. 92/-with the father of the defendants-appellants. After the death of Bhuwana the land in dispute was entered in the name of father of the plaintiff and on his death 15-16 years back, the said land was entered in the khata of the plaintiff. The usufructuary mortgage was effected through mutation dated 10-10-1927. It was alleged that when the plaintiff asked the defendants on 19-2-64 to surrender the land, they refused and hence the plaintiff prayed for ejectment of the defendants. In their written statement, the defendants while admitting the factum of mortgage stunted that the plaintiff is not a minor and the suit is time barred. They further stated that they are continuously in possession of the land in dispute and are tenants of the same. It may be stated here that the suit originally was filed by the mother of the plaintiff on the allegation that the plaintiff was a minor. The trial court framed seven issues on the basis of pleadings of the parties. It first took up issues Nos. 1, 4 & 5 for decision. These issues are as under : - 1. Is the plaintiff khatedar tenant of the land in dispute ? Onus on plaintiff. 4. Is the suit time-barred ? Onus on defendants. 5. Has the tenancy of the plaintiff terminated due to possession of the defendants ? Onus on defendants.