BEHARI SINGH Vs. GHAHTOLI

JUDGEMENT

(1.) THIS second appeal arises out of an appellate judgment and decree of the Additional Commissioner, Jaipur, dated 20-12-54, affirming the judgment and decree of the Assistant Collector, Lachmangarh dated 28-7-52 in a suit for recovery of possession of agricultural land.

(2.) THE brief facts of the case are that the plaintiff-respondent, Ghantoli filed a suit for recovery of possession against the defendant appellant, Behari Singh and others in respect of field Nos. 205, 206,207 and 212 of village Kankroli Tehsil Lachmangarh on the ground that he had cultivated these fields in Svt. 2007 but was forcibly dispossessed by the defendant appellant in July 1951 i.e. Svt. 2008. THE appellant admitted the respondent's cultivation in Svt. 2007 but pleaded that the land was mortgaged by him to one Nannumal Mahajan and Ghantoli was cultivating it on one year's Patta given by Nannumal, that on Jeth Sudi 8, Svt. 2008, he had redeemed the land on payment of the mortgage money to Nannumal and simultaneously the respondent had voluntarily relinquished the land which was then allotted by him to other cultivators. THE Assistant Collector, Lachmangarh, however, decreed the suit of the respondeat by his order dated 28-7-54.0n first appeal the Additional Commissioner affirmed the order of the trial court and dismissed the appeal. Hence this second appeal before us.