KALU Vs. KAJOD

JUDGEMENT

(1.) THIS is a second appeal by the defendant Kalu in a suit for recovery of possession and compensation with respect to certain agricultural land.

(2.) THE suit was brought against the present appellant by Kajod and others in the court of the Munsiff Chittor on the 15th October, 1953. THE suit is admittedly based on title. It is common ground between the parties that there was a proceeding under sec. 145, Cr. P. C. , set in motion at the instance of Kalu against the plaintiffs respondents, as a result of which Kalu was put into possession of the suit land by an order of the Sub Divisional Magistrate, Begun, dated the 2nd June, 1953 Consequently, the respondents brought the present suit, their allegations being that they had acquired tenancy rights with respect to the suit land (which is situate in Moza Sudarshanpura bearing khasras Nos. 38/603 and 44 and 45) from Jadav Chand Bhuralal Kesrimal Kothari on Bhadva Sudi 12, Svt. 1994 (equal to sometime in 1937 A. D.) and that they had been in possession of the land ever since. THEir case further was that Kesrimal had thereafter colluded with the appellant and again sold his rights to him by a registered deed, dated the 1st April, 1952 and the appellant then tried to take forcible possession of the land but was not successful. THEn came the proceeding under sec 145 and the Sub-Divisional Magistrate Begun attached the land on the 18th June, 1952, and finally by his order dated the 2nd June, 1958, put the appellant in possession on the finding that he had been in possession of the land in dispute within two months of the date of the preliminary order and directed that his possession shall not be interfered with until he was evicted therefrom in due course of law. Hence the suit out of which the present appeal has arisen.