SINGHESHWAR JHA Vs. AJAB LAL MANDAR

JUDGEMENT

(1.) The appellant, who is defendant 1 in the suit out of which this appeal arises, obtained a money decree against defendant 2, and in execution of that decree attached certain land belonging to the judgment debtor. The respondents who are the plaintiffs objected to the attachment but their objection was overruled. They then sued to establish their title and impleaded in the suit as defendants third party persons who had purchased the land from defendant 2 after the dismissal of the plaintiff's objection.

(2.) The plaintiffs alleged that the land was the bakasht of the landlord from whom they had purchased it in execution of the decree and that they had from time to time settled it with defendant 2, the last settlement being in 1922, for a term of seven years. They further alleged that on the expiry of this term the defendant second party surrendered the land to the plaintiffs.

(3.) The defence of the appellant was that the land was the occupancy holding of defendants second party. The trial Court held that the defendants second party were non-occupancy raiyats, that they had surrendered the land to the plaintiffs and that the latter were in possession by reason of the surrender until they were dispossessed by defendants third party after the institution of the present suit. The Court gave the plaintiffs the declaration applied for and also a decree for recovery of possession against defendants third party.