LALCHAND Vs. CHAMPALAL

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants against an appellate decree of the Additional Commissioner, Jodhpur, dated 16. 1. 54, declaring the respondent Champalal as a khatedar tenant of the land in dispute.

(2.) WE have heard the parties and have gone through the record as well. Put briefly, the facts of the case are that Mst. Maggi was a dolidar to the extent of l/3rd of the land in dispute, Lalchand and Daulal, appellants, being the dolidars in the residuary 2/3rd area of the land. On 29. 6. 1923 Mst. Maggi executed a mortgage in favour of Lalchand and Daulal of her share in the doli for a period of 24 years. During the pendency of this mortgage i. e. on 7. 5. 46, Champalal was admitted to the tenancy of the land in dispute for a fixed period of four years by the mortgagees. On 11-6 50 Champalal instituted a suit for the declaration of his khatedari rights. It may be mentioned here that on 22. 2. 47 i. e. prior to the expiry of the period mentioned in the deed of mortgage created in 1923 Mst. Maggi executed a fresh deed in favour of the mortgagees and got it registered on 4. 3. 47. The Assistant Collector Sojat passed a decree declaring Champalal to be a gair khatedar of the land in dispute. The defendants went up in appeal before the Additional Commissioner, Jodhpur. Champalal filed a cross-objection. The lower trial court held that Champalal was entitled to be declared a khatedartenant,hence the defendants' appeal was rejected and the cross objection was allowed. The defendants have now come up before us in second appeal.