PREMLAL DOMAJI Vs. NATHULAL BRIJLAL

JUDGEMENT

(1.) THIS second appeal has been preferred by the defendants against the decree of the learned Additional District Judge, Balaghat, modifying the decree of the Court of the first instance for joint possession in the plaintiffs' favour.

(2.) THE plaintiffs brought this suit for possession of the land in suit, which originally belonged to one Suku Gond, an occupancy tenant, and who surrendered it to plaintiff 1, Nathulal, by a registered deed of surrender, dated 15th May 1940; that surrender deed is Ex. P-32. It was alleged by the plaintiffs that there was a private partition between their ancestors Dinaji on the one hand and Dinaji's brother Domaji, defendants 1 and 2's father on the other, some time in 1905 A.D., under which the tenants were divided and allotted to the share of each party. The land in suit is situate in patti No. 2 of mouza Catapaili, in the Waraseoni tahsil of the Balaghat district, of which defendant 1, Premlal, is the recorded lambardar. Suku Gond was an occupancy tenant of the land in suit in, patti No. 2, and it was alleged by the plaintiffs that this tenant had been allotted to the share of the plaintiffs' ancestor, Dinaji, at the partition mentioned above.

(3.) THE plaintiffs, respondents commenced this suit for a declaration that the decision of the Revenue Court was wrong and for the recovery of possession of the disputed occupancy land. The Court of first instance decreed the plaintiffs' claim for joint possession. The plaintiffs filed an appeal before the Additional District Judge, Balaghat, who modified the decree of the first Court and allowed the plaintiffs' full claim for possession. The defendants' have, therefore, preferred this second appeal.