BHAGWAT PRASAD MISRA Vs. BALDEO PRASAD MISRA

JUDGEMENT

(1.) The plaintiffs to this suit were purchasers of certain plots in a village in the Gorakhpur district. At the time of purchase they obtained the equity of redemption only over the plots now in dispute. The plots had been mortgaged with possession to two persons called Prabhakar defendant-appellant No. 2 and Rajbali deceased, the father of Ram Niwas Misir defendant-appellant No. 4. In 1912 the plaintiffs sued to redeem the plots over which they had purchased the equity of redemption. Rajbali having died and being represented only by Ram Niwas the mortgagees sued were Prabhakar and Ram Niwas. The matter was decided amicably under a compromise and a decree was drawn up on the 11 March, 1913, declaring the mortgage redeemed and assigning the plots in question to the plaintiffs. This decree was against Prabhakar and Ram Niwas. The plaintiffs obtained physical possession over these plots and cultivated them.

(2.) Subsequently Prabhakar and Ram Niwas with Bhagwati Prasad and Radhakant interfered with their possession by action taken over the standing crops. They undoubtedly based this interference upon an entry in the village papers which seems to show that they had some title to the plots in question.

(3.) The preceding facts have been found by the lower appellate Court. The following findings must be emphasised. After the decree of 1913 the plaintiffs, were in possession of these plots. The plaintiffs were in separate and exclusive possession of these plots by cultivating them. The defendants dispossessed them. The possession subsequently passed under an order of the Criminal Court to the police as a breach of peace was apprehended. The lower appellate Court has given the plaintiffs-respondents a decree for physical possession over these plots. This decree is attacked in appeal on two grounds. It is attacked on the ground that the decree of the 11 March, 1913, is not good as giving title to the plaintiffs.