AMOLAK BANECHAND Vs. DHONDI KHANDU BHOSLE

JUDGEMENT

(1.) The defendant mortgaged a survey number to the plaintiff, and passed a Kabulayat in his favour. The plaintiff now sues the defendant for possession of the land.

(2.) The defence is that since the mortgage and Kabulayat the land has been forfeited by the Government for non-payment of assessment in arrear ; that all prior rights in it were thereby destroyed; and that it was then leased to the defendant free from all incumbrances.

(3.) The defence has prevailed in the lower appellate Court, from whose decree the present appeal has been preferred.