Thadani C. J. - This is an appeal from the judgment and decree of the learned District Judge, A. V. D., dated 22.9-1944 who set aside the judgment and decree of the trial Court which had dismissed the plaintiff appellant's suit for declaration of title and khas possession to the land in suit. The trial Court had decreed the plaintiff's title to certain houses standing upon the land and awarded compensation for the defendants' failure to vacate them. This part; of the judgment and decree of the trial Court was affirmed by the lower appellate Court.

[2] The facts material to the appeal are these: On 20-1-1943 the plaintiff purchased from defen­dant 1 by two registered sale deeds the lands i in suit and certain houses standing thereon. On the same day, (20-1-43) defendants 1, 2 and 3 executed a kabuliyat in favour of the plaintiff, by which they were permitted by the plaintiff to live in the houses rent-free for three months and on the expiry of the period, they were to vacate them. On the strength of the purchases, the plaintiff applied for mutation of his name in the municipal register, but his application was successfully resisted by defendants 1, 2 and 4. The plaintiff thereupon br

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