GOSHAWARALI Vs. ADHIKLAL SAHU

JUDGEMENT

(1.) This is a defendant's (1 party) second appeal preferred in a suit instituted by the respondents for recovery of possession of 2 plots of lands consisting of survey Nos. 137 and 875 with an area of 18 kathas 2 dhurs. The above-mentioned survey plots together with survey plot No. 515 appertain to khata No. 51 bearing an area of 19 kathas, 10 dhurs. The plaintiffs also claimed for recovery of inesne profits of Rs. 174-12-0 for the period beginning with the date of dispossession.

(2.) The aforesaid 19 kathas, 10 dhurs of land originally belonged to Matai Tanti. On 24 April 1928, Matai executed a mortgage (sudh-bharna) in favour of Turanti Lal Sao in respect of survey plot No. 187. On 12 June 1929, Matai executed another mortgage (sudhbharna) in favour of one Sudam Sao in respect of plots Nos. 137, 375 and 515. On 5 February 1931, Matai executed another usufructuary mortgage bond in favour of the plaintiffs, respondents in the name of plaintiff 2 in respect of plots-Nos. 137, 375 and 515. The mortgagor put the plaintiffs into possession over the lands on 22 February, 1984, Matai executed a sale deed in favour of the appellant Shaikh Goswar Ali (defendant 1 party) in respect of survey plots Nos. 137 and 375. Lastly, on 5 March 1934, Matai executed another sale deed in favour of the plaintiffs-respondents in respect of the three plots 137, 375 and 515.

(3.) In November 1987, defendant 1 party-dispossessed the plaintiffs from the disputed lands (survey plots 137 and 375) on the strength of his purchase of February 1984. The plaintiffs approached the criminal Court for a proceeding under Section 144, Criminal P.C. The result of that proceeding, however, went against them. Their, therefore, had to file Title Suit No. 203/38 claiming title to and recovery of possession of the disputed lands on the strength of their title by purchase in March 1934. The plaintiffs had also claimed recovery of mesne profits from the date of dispossession.