Chaudhary Sia Saran Sinha, J. - (1.)This is plaintiff's second appeal against a judgment of affirmance.
(2.)There was one Nand Keshwar Lal. As found by the trial Court, the plaintiffs are the heirs of this Nand Keshwar Lal since dead. 7 acres and odd lands of mauza Sikandara, appertaining to khata No. 233 constituted one holding and it belonged to Nand Keshwar Lal. 2.17 acres of land out of this holding was given in rehan by Nand Keshwar Lal to one Daroga Singh under a registered rehan deed dated 30th May, 1927. This was followed by another rehan deed executed by Nand Keshwar Lal in favour of Daroga Singh abovenamed, in respect of 1.65 acres of land of khata. This was executed on 16th April, 1934. After execution of these two rehan deeds, 3.60 acres of land of khata No. 233 remained in possession of Nand Keshwar Lal. It is undisputed that the liability to pay rent for the lands given in rehan under the two rehan deeds, deeds, which were registered, was on Daroga. Singh. the mortgagee.
(3.)Certain further facts are undisputed and they are these. The entire holding comprising of khata No. 233 was sold for arrears of rent in execution of a rent decree, brought by the ex-intermediary against Nand Keshwar Lal. The execution case number was 603 of 1935. The auction-sale was held on 28th May, 1935, and the entire holding was purchased by one Raj Kumar Singh. This Raj Kumar Singh was the sister's husband of Daroga Singh; the sister's name of Daroga Singh being Gulabo Kuer. The defendants are the heirs of Raj Kumar Singh; Daroga Singh and Raj Kumar Singh both being dead, Nand Keshwar Lal filed an application before the Executing Court for setting aside the auction-sale in question. This was registered as Miscellaneous Case No. 397 of 1935. A compromise was entered into between Nand Keshwar Lal and Raj Kumar Singh. This miscellaneous case, as will be evident from Ext. G, certified copy of Register of Miscellaneous Judicial Cases, wrongly mentioned in the judgment of the appellate Court as Ext. G was disposed of in terms of the compromise on 21st March, 1936. The plaintiff's case which was not challenged before this Court was that Raj Kumar Singh agreed to pay the rehan money of the two registered rehan deeds, abovementioned to Daroga Singh and on his doing so, Nand Keshwar Lal did not press his claim lor the setting aside of the auction-sale. The miscellaneous judicial case was, accordingly, dismissed in terms of compromise. Thereafter, writ of delivery of possession was issued in favour of the auction-purchaser for delivery of possession over the entire holding and delivery of possession was effected on 23rd April, 1937.
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