BHIKHARI SINGH Vs. JOKHAN

JUDGEMENT

(1.) This, is a defendants appeal arising oat of a suit for possession. The plaintiff is the occupaney tenant of certain plots and the defendants are Zamindars. The plaintiff sued on the allegation tint there had been a dispute between him and the defendants in respect of other tenancy holdings and ultimately defendant No. 1 obtained a decree for ejectment of the plaintiff from those plots, that after obtaining possession of those plots the defendant forcibly and without any right took possession of some of the plats in dispute, that the plaintiff filed a complaint in the Criminal Court about his dispossession but the complaint was ultimately dismissed on the 10 of December 1918, that after the dismissal of this complaint the defendants improperly took possession of the remaining plots in dispute, that the defendants had in the criminal case relied upon a certain mortgage deed which was quite wrong, fake, ineffectual and invalid, and that the defendants have no right to possession and have dispossessed the plaintiff through highhandedness. The plaintiff went on to say that the cause of action arose in the months of Kuar and Katik (September and October) 1918, hence the present suit for possession and mesne profits.

(2.) This suit which was instituted on the 15 of September 1919 was on the face of it, barred by the provisions of Schedule IV, Group C. No. 30 of the Tenancy Act. No defence of limitation was, however, raised by the defendants who contended that they had taken possession under the terms of a mortgage executed by Hanuman the father of the plaintiff, as interest bad not been paid and that they did not take wrongful possession bat entered into possession with the plaintiffs consent.

(3.) The Trial Court dismissed the suit, but the lower Appellate Court has decreed it.