HAZARILAL Vs. CHOUDHARY HALKULALA DN

JUDGEMENT

(1.) THIS appeal has been filed by defendants 1 to 4 and 6 to 11 against the judgment and decree of the lower Court for possession in favour of the plaintiffs.

(2.) IT is expedient to set out briefly the material facts of this case which are no longer in dispute, and the following family tree will explain the position of the persons to be mentioned: Daduman (died in 1865) | _____________________________________________ | | | Beharilal : Mt. Indar Moujilal Madarilal : 1. Mt. (d. 1876) | | (d. 1872) Bira | Jagatmath (d. 1922) Netram : Mt. (d. 1884) : Mt. Rupa 2. Mt. (d. 1884) Gomti | Muna Khetsingh (d. 1911) (d. 1918).

(3.) THEREAFTER Muna dropped out of the picture altogether, and it was this Khetsingh who remained in possession of his grandmother's estate and dealt with it as owner all along. By a sale-deed dated 11-1-1905 (Exs. 2, D-2) Khetsingh parted with a four-anna share in Kanthora and a four-anna share in Bilthara in favour of Madho Patel and others. He also made a mortgage of his four-anna share in Kanthora in favour of this Madho Patel and others, who later on obtained a final decree for foreclosure in civil Suit No. 17 of 1907 on 18th Sep. 1907 in the Court of the Subordinate Judge, Jubbulpore. After the death of Madho Patel his successors Hazarilal and others by a sale-deed dated 13th Jan. 1915 (EXS. 2, D-l) sold an eight anna share in Kanthora and four-anna share in Bilthara for Rs. 9100 to Kunwarman Malguzar (the father of defendants to 3). After the death of Kunwarman his sons the present defendants 1 to 3, came into posses-sio'n of the said property.