DWARKA PRASAD Vs. BADRI LAL

JUDGEMENT

(1.) This is an appeal by the plaintiff for joint possession of plot 362/1 and for damage s. The plot in question is admittedly the joint holding of the parties and the plaintiff owns a one-third share therein. In the year 1925 the defendants having dispossessed the plaintiff from plot 362 along with certain other properties, a suit for possession was instituted against the defendants. This suit was decreed by the trial Court on 20 February 1925 and the decree was affirmed on appeal on 2 December, 1925. Formal delivery of possession was made on 5 May 1926. In July 1926 the defendants are alleged to have successfully obstructed the plaintiff from cultivating the land; hence the suit.

(2.) The suit was contested by Lala Badri Lal defendant 1. He pleaded that he had not obstructed or dispossessed the plaintiff from the land in dispute and that no cause of action had accrued to the plaintiff.

(3.) The Court of first instance repelled this plea and granted the plaintiff a decree for joint possession and Rs. 11-4-0 as damages. The lower appellate Court has reversed the decree and dismissed the plaintiff's suit. The ground upon which the judgment of the lower appellate Court is based, is that the plaintiff had mortgaged his share in plot 362/1 with possession to one Ram Naresh Lal, that the mortgagee has continued in possession right up to the institution of the present suit and that the story about an obstruction or dispossession on behalf of the defendants is entirely unjustified.