TIKAIT BISHAMBHAR NARAIN SINGH Vs. AJODHYA RAM

JUDGEMENT

(1.) This is a defendants second appeal. The suit was for declaration of title and recovery of possession of cadastral survey plots 1786 and 1884 of village Serampur. The plaintiff's case was that he took settlement of these plots from the then landlord by two unregistered hukumnamas in the year 1933. Subsequently he entered into possession, and rent was accepted from him by the Serampur estate. The estate was sold up, and came under another proprietor. Thereafter, on 19 July 1942, the son of the previous proprietor dispossessed him. He brought a criminal case, but was referred to the civil Court.

(2.) The defence was that the land had been previously settled by the proprietor with his wife, who remained all along in possession, and the plaintiff's case of settlement was false.

(3.) The hukumnamas were not taken into evidence as they were unregistered, but both the Courts below have held that the plaintiff's tenancy had been established by proof of his possession, payment of rent, and obtaining receipts from both the proprietors.