GULZARILAL Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) THIS second appeal of the defendants arises from the appellate judgment and decree of the District Judge of Jhunjhunu dated December 23. 1959. in these circumstances.

(2.) THERE is a piece of land situated in village Gudhagorji in Jhunjhunu District which has been shown in site-plan Ex. 1 The plaintiffs claimed that the land belonged to the "panadars" of the "pana" of Kishore Singh, that the "panadars" sold it to them under sale-deed Ex. 24 dated Chaitra bad 9, Section 1956, and that the plaintiffs and their ancestors remained in continuous possession of that land. It was further pleaded that the land was expressly purchased for the construction of a house, and that the father of the plaintiffs constructed a masonry compound wall on the southern side and enclosed the remaining three sides by mud walls The plaintiffs had, however, to live outside in connection with their business and the compound walls deteriorated by lapse of time. The financial position of the plaintiffs did not enable them to build a house. The plaintiffs claimed, however, that the foundations of the masonry compound wall were still there. The defendants held out threats to them regarding the land, so the plaintiffs initiated proceedings against them under Section 107 of the Code of Criminal procedure in the court of the Sub Divisional Magistrate of Udaipur (Shekhawati), january 22, 1954 was fixed for the hearing of those proceedings but, according to the plaintiffs, the defendants forcibly dispossessed them on January 15, 1954 and enclosed the land with a fresh thorn fencing. The plaintiffs therefore instituted the present suit on Jan, 23, 1954, for possession and they impleaded Sugan Singh and hanuman Singh as defendants because the defendants claimed that they had purchased the land from them.

(3.) DEFENDANTS Gulzari Lal. Sheo Pra-shad and Mohan Lal denied the plaintiffs' ownership or possession of the disputed land and pleaded that it never belonged to the "pana" of Kishore Singh. According to them, the land belonged to the "pana" of Ghadika of which Sugan Singh and Hanuman Singh were the descendants. Further, the defendants pleaded that the suit land was known as "bera Bhadwalla" and that it was purchased by them from the said Sugan Singh and Hanuman Sinsh by means of sale-deeds Exs. A-1 and A-2 dated Mangsir Sud 15, S. 2005 and that they were, in fact, in possession of the land even earlier. Defendants Sugan Singh and Hanuman Singh claimed to be the descendants of the "panadars" of Ghadika and to be the rightful owners of the suit land. They supported the defendants' version regarding its sale. Certain other pleas were taken in the written statements of the two sets of defendants, but nothing turns on them and 1 am therefore leaving them out of consideration.