MAUJI SHAH Vs. SAKALDIP SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiffs who brought a suit for recovery of mesne profits for the years 1337 to 1339 Fasli with respect to ore plot with an area of 1 bigba 2 kathas 7 dhurs. The history of this land shows that there has been litigation for some time between the plaintiff who had mortgaged certain lands including this plot in favour of one Sakal-dip and thereafter although he succeeded in a redemption suit, the plaintiff was unable to obtain possession of this plot regarding which mesne profits were claimed.

(2.) The plaintiff then instituted a suit for a declaration that defendants 1 and 2 whose names were entered in the survey khatian and who resisted in his obtaining recovery of possession were really the creatures of and set up by this Sakaldip and that neither Sakaldip nor defendants 1 and 2 had any right or title to resist the claim of the plaintiff who also alleged that the entry in the survey record was a fraudulent entry at the instance of Sakaldip, and that instead of defendants 1 and 2 it was this Sakaldip who was in possession all along.

(3.) This suit which is Title Suit No. 31 of 1927 was dismissed in the trial Court, but the matter went up in appeal and also to this Court when it was remanded to the learned Appellate Court. It appears that the appeal before the lower Court bore No. 367 of 1928 and during the course of the rehearing of the appeal after remand I am informed that the parties entered into a compromise and the matter was referred to certain arbitrators who gave an award which was incorporated in the final decree of the Appellate Court. By that award, Sakaldip was declared to be in wrongful possession. It appears that Sakaldip raised some objections to the award which he withdrew and he was given the costs of those proceedings.