S. D. Singh, J. - (1.) This special appeal has been filed against the judgment of Sharma, J. in second civil appeal No. 229 of 1956 arising out of suit No. 44 of 1953 of the Court of Munsif, Kheri. The suit was filed under Section 209 of the Zamindari Abolition and Land Reforms Act for possession over certain plots. The plaintiff, Ram Bilas, son of Bansidhar, claimed that the plots in question formed the Sir of his predecessor-in title, that they were mortgaged with the defendants' predecessors with possession and that on the abolition of the Zamindari, he himself acquired bhumidhari rights in the plots, while the defendants ceased to retain possession over the same under Section 14 of the Zamindari Abolition and Land Reforms Act and were, consequently, liable to be ejected as trespassers.
(2.) The plots in question lie in village Kharkhara. The Zamindari property to which these plots appertain belonged originally to one Umrao Singh, who sold it to Bansidhar, father of the plaintiff. Bansidhar mortgaged some of these plots on 20th November, 1913, and others on 3rd May, 1915, with possession with the predecessors-in-title of the defendants. The plaintiff, therefore, contended that the plots being the sir plots of his father, he acquired bhumidhari rights therein and that the mortgagees having ceased to retain the right to be in occupation of the plots under Secs. 6(g) (i) and 14(1) of the Zamindari Abolition and Land Reforms Act (to be referred to hereafter as the Act), he has become entitled to obtain possession over the plots.
(3.) The suit was contested by the defendants on several grounds, which it is not necessary to mention here. It was decreed by the trial Court and the decree was maintained in appeal. Even the second appeal having been dismissed by our brother, Sharma, the defendants have preferred this special appeal.;