RAMESHWARLAL Vs. JHUNTA

JUDGEMENT

(1.) THIS appeal and a revision have been filed by the unsuccessful plaintiff against two separate decisions of the learned Addl. Commissioner, Jaipur both dated 19. 2. 1959 in two separate suits the one for recovery of possession on the land in dispute and the other for damages amounting to Rs. 1200/-, which have been concurrently dismissed by the trial court as well as the lower appellate court.

(2.) THE plaintiffs' case in the trial court was that he was the landholder and the suit land had been for some time past jointly cultivated as tenants by the respondent defendants. It was averred that Surja and Chandra two of them surrendered their share in the joint cultivation of this holding in favour of the appellant by means of a written deed of surrender on 29. 6. 50, and made over possession of their share in the land to the appellant and entries in the revenue records were also corrected accordingly. It was further stated that when the appellant wanted to cultivate the shares of these two persons, the respondents restrained him for doing so and dispossessed the appellant. It was therefore prayed that the appellant be restored possession over the suit land and damages amounting to Rs. 1200/- be awarded against the respondents. THE factum of surrender was admitted by Surja and Chandra, but denied by the other respondents who alleged that in the first place no such surrender took place, and in the second place, these two persons who had been jointly cultivating this holding could not do so and that in the circumstances the question of damages did not also arise. THE trial court after framing necessary issues dismissed both the suits. In appeal the learned Additional Commissioner also came to the same conclusion.