CHANDANMAL Vs. DAWAR

JUDGEMENT

(1.) THIS is a reference by the Assistant Collector, Sojat, under sec. 40 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Act No. 1 of 1951), and has arisen in the following circumstances.

(2.) THE plaintiffs Chandanmal and others are mortgagees in possession of a certain well called Nokhra Motora situated in village Mani, Tehsil Sojat. THE plaintiffs claimed their possession in respect of half of this well by virtue of a Baraskati deed dated Asad Sudi 15, Svt. , 2000, executed in their favour by defendants Dhulsingh and others and further alleged that they were also in possession of the other half obviously with the consent of the original owners and that they carried on cultivation on the well and the land in question for several years. THEir grievance was that defendant No. 1 Dawar had commenced forcible cultivation on the well in question, and the said defendant was bent upon cultivating the land inspite of protest, and, therefore, they instituted the present suit. THE plaintiffs prayed for an injunction restraining the defendant from carrying on any cultivation on the well in question and from interfering with their possession in any manner whatsoever. THEy also prayed for recovery of possession in case it was found that they were out of possession of the portion of the well upon which the defendant had started cultivation. THEy further claimed a sum of Rs. 100 - as damages and further compensation in lieu of loss of rent up to the period the defendant removes his possession from the land in question.