INDER Vs. KUNDAN LAL

JUDGEMENT

(1.) This second appeal has been filed by the defendant against the judgment and decree of the Senior Subordinate Judge, Rohtak, dated 31st May, 1975.

(2.) Briefly, the facts are that Smt. Shanti was the owner of land measuring 14 Kanals 12 Marlas comprised to Killa Nos. 13/16 and 14/20 situated in village Simily. She sold that land to Balbir Singh etc., vide sale deed dated 12th November, 1970. Balbir Singh etc., subsequently sold it to Kundan Lal etc. plaintiffs vide sale deed dated 6th October, 1972, Exhibit P.1. Inder defendant was a tenant on the land under Smt. Shanti. Before, selling the property, she had filed an application against the defendant for ejectment under the Punjab Security of Land Tenures Act, and obtained the order of ejectment on 15th June, 1970. The plaintiffs executed that decree and took possession of Killa No. 14/20 but could not get possession of the other Killa as crops were standing thereon. Later, it is averred that the defendant forcibly took possession of Killa No. 14/20 also. Consequently, the plaintiffs instituted a suit for possession of the land and for recovery of Rs. 200/- as mesne profits.

(3.) The suit was contested for the defendant who inter alia pleaded that the plaintiffs were not the owners of the land and that he was not a trespasser but a tenant. He also took other objections but they do not survive now.