JAINADDIN Vs. SALIMADDIN MUNSHI

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of the plaintiffs title to and for confirmation of their possession in four parcels of land.

(2.) The case of the plaintiffs was that the four parcels of land in suit appertain to a jote belonging to one Mainuddi and they date their cause of action from the final publication of the Record of Rights, in which the principal defendants are recorded as owners of the said lands, and plaintiff No. 2 is recorded as a bargait or produce rent paying tenant under defendant No. 1. The defendants contention on the other hand was that from the original owners of the jote, the aforesaid Mainuddi and his brother, the four parcels of land had been purchased by Shomsheruddin, the husband of defendant No. 1 Nasi Bibi. They further alleged that Shomsheruddin had been placed in possession in pursuance of that conveyance which bears date some time in 1304, and that he and after him his representative in-interest had continued in possession first through bargaits other than the plaintiffs up to the year 13 5 and then through plaintiffs Nos. 1 to 4 as their bargaits from 1315 onwards.

(3.) The conveyance by which the lands in suit were sold to Shomsheruddin is not registered, though the value of the property transferred exceeds Rs. 100. It was, therefore, held in the Court of first instance that the conveyance was inadmissible in evidence. The kobala not being admitted in evidence, the Court of first instance then came to the conclusion that the defendants had failed to prove their possession or that the plaintiffs were their bargaits and accordingly decreed the plaintiffs suit.