ANANTMAL Vs. LALA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs in a suit for recovery of arrears of rent. Plaintiffs who are members of a joint Hindu family, filed the present suit against lala, Hira and Jawahara sons of jora and Ghisa son of Moti and grandson of Jora and Mt. Juphi widow of Moti. Jawanara died after the institution of the suit and the suit is being continued against the re-maining defendants.

(2.) PLAINTIFFS' case is that Jora usufructuarily mortgaged his agricultural lands with their ancestors on 26th November, 1911 and executed a registered mortgage deed in their favour. On the same day, Jora took back the mortgaged land for cultivation on an annual rental of Rs. 199/8/-for a period of three years. A registered lease deed was also executed by Jora on that very day. Plaintiffs' case further is that Jora during his life time and after his death his sons continued cultivating the land on the same terms and paid rent to them up to smt. 1996. But thereafter, they did not pay any rent and so the present suit for recovery of rent for the years 1943, 1944 and 1945 had been filed. It is in evidence that Jora died in the year 1928.

(3.) THE defendants completely repudiated the plaintiffs' claim. Execution of the mortgage deed and the lease deed by lora in favour of the plaintiffs was denied by the defendants. It was stated that the land belonged to the defendants and a part of it was mortgaged by Jora with Samad Khan from whom the defendants got it re-deemed on payment of Rs. 120/ -. They also denied the payment of any rent to the plaintiffs under the lease deed.