ALLANUR Vs. NATHU LAL

JUDGEMENT

(1.) THIS is plaintiff's second appeal under Section 100 of CPC. The following substantial questions of law were formulated :-

(2.) THE plaintiff's case was that he was in possession of the lands in dispute for about forty years as sub tenant of defendant No. 2 Sajjan Rai and in course of tittle he became occupancy tenant and Bhumiswami of these lands.

(3.) THE case of defendant No. 1 Nathu Lal was that he was in possession of the lands for more than twenty years and he became Bhumiswami on the basis of the compromise decree. According to defendant No. 1 Nathu Lal any admission made by the defendant No. 2 after the passing of decree against him either before the Revenue Court or in reply to the application for temporary injunction has no meaning and it is not admissible as against him. As already stated, the defendant No. 2 did not file any written statement.