RAJA RAM RAI Vs. NIRANJAN RAI

JUDGEMENT

(1.) Bechan Singh, Brijmohan, Rajkumar and Eamkumar possessed a share of 6 pies and 13 karants in the estate bearing tauzi No. 6787 on the revenue roll of Shahabad.

(2.) In 1895 they gave a usufructuary mortgage of their share to Jai-mangal, and ultimately the area with which we are here concerned came into possession of Achhaibar Singh, another co-sharer landlord of the village, as usufructuary mortgagee. This area of 3.04 acres had apparently been in the khas possession of Rajkumar Singh before the mortgage; and after the mortgage of the proprietary interest Rajkumar continued to cultivate the land, delivering half the produce to the mortgagee Achhaibar Singh. Rajkumar Singh conceived that in thus cultivating, under the mortgagee he had some kind of tenantry right, and in 1910 he executed a sale deed, whereby he conveyed to the ancestors of the defendant appellants his right to cultivate this land describing it as sharah moian bhaoli kasht. The ancestors of the defendants thereupon entered upon this land, paying half the produce to the mortgagee Achhaibar Singh and in subsequent years, after Achhaibar Singh had assigned his mortgage interest, paying rent to the assignee. In 1924 the whole estate came under partition, with the result that this area of 3.04 acres became a part of a new estate which was allotted to Achhaibar Singh and defendants 9 to 11 of r this suit.

(3.) In 1926 this mortgage was redeemed by Ram Sarup Tewari to whom Rajkumar had conveyed the equity of redemption, but we are not concerned here with that transaction, and it is sufficient to say that the proprietary interest unencumbered by the mortgage is in possession of the plaintiffs and defendants 9 to 11. The representatives, in-interest of Achhaibar Singh instituted this suit for the ejectment of these defendant tenants, impleading as co-defendants their cosharers in the new estate. The other cosharers do not support the representatives of Achhaibar Singh in their claim to eject the defendants, so that we are here only concerned with the representatives of Achhaibar Singh and the representatives of the cultivators who were paying bhaoli rent to Achhaibar Singh in 1910.