SETH JAMNALAL Vs. SETH KLSHAN KUMAR

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree dated 18th July, 1956 of the Divisional Commissioner, Kotah, which confirmed a judgment and decree dated 29. 9. 1955 of the S. D. O. Chhabra restoring possession of the land in suit to the plaintiff who is now respondent before us, and declining to award him compensation for the loss which was occasioned to him through its wrongful use and occupation.

(2.) WE have heard the learned counsel appearing for the parties and have also examined the record. The material facts of the case may be briefly stated as follows. Seth Krishana Kumar respondent brought a suit in the court of the S. D. O. Chhabra against Kana and Ram Kishan, who have not been impleaded a party to the appeal before us, under items 10 and 12 of Group 'b' schdl. 1 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 on 4. 5. 1954 alleging that he had purchased the land comprised of Khasra Nos 1034/25, and 1104. 26-30, measuring 10 bighas, 3 biswas situated at village Kohni by a registered sale-deed dated 15th June, 1952 from one Devlal. He had instituted a suit against the under in the court of the S. D. O. Chhabra for the possession of the land in question on 28. 6. 1953. His suit was decreed on 14. 10. 1953 and possession of the land was delivered to him in execution of an ex party decree by the Tehsil on 26. 10. 1953. The defendants took possession of the land forcibly on 28. 10. 1953 The defendants cultivated wheat in 6 bighas and dhania in 4 bighas and enjoyed the profit accruing from the land. He prayed that the possession of the land in suit be restored to him and he be awarded compensation to the tune of Rs. 200/- for the loss which he had suffered through wrongful use and occupation of the land by the defendants.