JAMNA Vs. JHALLI

JUDGEMENT

(1.) This appeal arises out of a suit for possession of five plots of land, Nos. 567, 557, 558, 561 and 1046, measuring 9-44 acres, situated in a village called Sunair, The lands are comprised in an area known as Khata No. 3, the total extent of which is 63 acres.

(2.) The village lands are admittedly undivided and the tenure is Bhayachara.

(3.) The plaintiff sued on the strength of a sale-deed, executed in her favour on the 10th May 1915 by two persons Pajjan and Chaturi, who according to the evidence are co sharers in the Khata to the extent of 3/4ths. The sale purported to be a sale of the entire plots in dispute, and the plaintiff alleges that her attempt to take possession of these specific lands was resisted by the defendant-respondent Jhalli. She pleads this fact as constituting a cause of action for her suit to recover actual and exclusive possession. Coupled with the claim for possession was a claim for Rs. 50 damages. The defence was that the lands in dispute were the Khudkasht of the defendant, who is owner by purchase of a 1/4th share in the Khata: consequently it was pleaded that the plaintiff had no right to possession as against him. The first Court decreed the claim in part. The Munsif held that Nos. 1046 and 567 were the sir of the plaintiff s vendors at the time of the sale and that the defendant s occupation of these lands was that of a sub tenant. He thought the plaintiff was entitled to possession of these two plots. As to the remaining three plots his finding was that the defendant held them as Khudkasht and that plaintiff could not claim to eject him.