JANGAL SINGH Vs. MUKUND KUMAR

JUDGEMENT

(1.) This is a defendants appeal under the Letters Patent from a decision of Rowland J., setting aside the decision of the Subordinate Judge in first appeal and restoring that of the Munsif decreeing the suit.

(2.) The suit was for declaration of title and-recovery of possession by ejecting defendants 1 to 3 (first party) the plaintiffs case being that on 29-6-1937, they had taken a settlement of the land under a registered lease (patta) from the landlord, the pro forma defendant 4, upon a rental of Rs. 3 and a salami of Rs. 300. They obtained possession under this lease. The landlord, however, on 912.1937, executed three deeds of lease in favour of defendants 1 to 8. After this the latter forcibly ejected the plaintiffs, and a subsequent criminal case ended in the defendants favour.

(3.) Only the principal defendants 1 to 3 contested the suit, and the defence was that the plaintiffs had never paid the salami, and for that reason the lease was cancelled. The document had never been made over to the plaintiffs, and the latter had never got possession.