AJABSING Vs. JHABBULAL

JUDGEMENT

(1.) IN 1925 Imrat, the father of the defendants, borrowed Rs. 1000 from the plaintiffs and as security mortgaged 28.95 acres of absolute occupancy land in mauza Jhalone. In 1982 the plaintiffs brought a suit on this mortgage, and Imrat thereafter applied to the Debt Conciliation Board. On 25-9-1936 the plaintiffs and Imrat informed the Board that they had agreed that the plaintiffs should take a sale deed of absolute occupancy fields No. 265, area 4.25 acres, and No. 80, area 12.61 acres, out of the mortgaged land in settlement of their claim and leave the rest of the mortgaged land to Imrat.

(2.) THE Board considered this a very fair settlement and directed them to get a gale deed executed and registered: see Ex. D-6. A sale deed (Ex. P-1) was accordingly executed on 28-10-1986 by which Imrat purported to sell two of his mortgaged fields for Rs. 1700, which was apparently the sum that the Board decided should be payable on the mortgage. The fields sold were described as No. 265/1, area 4. 25 acres, rent Rs. 9, and No. 80/2, area 12. 61 acres, rent Rs. 18; and there was this condition in the sale deed that Imrat should retain possession until the crops were cut and the plaintiffs should be put in possession in April 1987. Shortly afterwards a decree was passed in the mortgage suit in accordance with this compromise, though the decree is not before me.

(3.) THEY alleged, however, that in execution of the decree they were placed in possession of No. 267/1 in April 1937 and remained in undisturbed possession until June 1940 when the defendants began to assert a claim to it. The plaintiffs accordingly filed this suit for a declaration of their title to No. 267/1 and also for an injunction restraining the defendants from disturbing their possession or for possession, according as it might be found that the plaintiffs were in or out of possession.