KIRAN SINGH Vs. CHAMAN PASWAN

JUDGEMENT

(1.) This appeal raises a question on the construction of Section 11 of the Suits Valuation Act. The appellants instituted the suit out of which this appeal arises, in the Court of the Subordinate Judge, Monghyr, for recovery of possession of 12 acres 51 cents of land situated in mauza Bardth of which defendants 12 and 13. forming the second party are the proprietors. The allegations in the plaint are that on 12-4-1943 the plaintiffs were admitted by the second party as occupancy tenants on payment of a sum of Rs. 1,950 as salami and put into possession of the lands, and that thereafter, the first party consisting of defendants 1 to 11 trespassed on them and carried away the crops. The suit was accordingly laid for ejecting defendants 1 to 11 and for mesne profits, past and future, and it was valued at Rs. 2, 950, made up of Rs. 1,950 being the value of the relief for possession and Rs. 1,000, being the part mesne profits claimed.

(2.) Defendants 1 to 11 contacted the suit. They pleaded that they had been in possession of the Lands as tenants on 'batal' system, showing the produce with the landlord, from fasli 1336 and had acquired occupancy rights in the tenements, that the party had the right to settle them on the plaintiff, and that the latter acquired no rights under the settlement dated 12-4-1943. Defendants 12 and 13 remained 'ex parte'.

(3.) The Subordinate Judge held, relying on certain receipts marked as Exhibits A to A-114 which were in the handwriting of the patwaris of the second party and which ranged over the period fasli fall 1256 to 1347, that defendants 1 to 11 had been in possession for over 12 years as convicting tenants and had acquired occupancy rights and that the settlement dated 12-4-1943 conferred no rights on the plaintiffs. He accordingly dismissed the suit. The plaintiffs preferred an appeal against this decision to the Court of the District Judge, Monghyr, who agreed with the trial Court that the receipts, Exhibits A to A- 114 were genuine and that defendants 1 to 11 had acquired occupancy rights and accordingly dismissed the appeal.