BHAU DAJI KHADE Vs. PATLU MALU SABLE

JUDGEMENT

(1.) In this case the plaintiff sues to recover possession of one Survey Number, which along with two other Survey Numbers was mortgaged in 1869 to the defendants ancestor. In 1911 the present plaintiff as a purchaser of the equity of redemption sued to redeem the mortage of 1869. He mentioned only two Survey Numbers in that suit omitting the Survey Number now in suit. In that suit a compromise decree was passed as a result of which on payment of a Bum of Rs. 75, he was to recover possession of the two Survey Numbers mentioned in that suit. He recovered possession of these two lands after paying the amount.

(2.) He has now filed the present suit on July 10, 1919, to recover possession of the remaining land alleging that the defendants were in wrongful possession of that Survey Number. Several issues were raised in the trial Court, but on the facts -as stated above the trial Court dismissed the suit, holding that the land in suit had not been redeemed, and that the defendant's possession, therefore, was not wrongful.

(3.) The learned Assistant Judge in appeal confirmed the decree of the trial Court on the ground that the land now in suit not having been included in the previous suit the plaintiff's claim could not be allowed.