SHYAMLAL, KANWAR BAHADUR
Naharmal – Appellant
Versus
Jagdambalal – Respondent
2. We have heard the parties and have examined the record as well. Put briefly the facts of the case are that in 1939 the entry in respect of the land in dispute in the Record of Rights stood in the name of Hiralal as kharamdar tenant with Pyarelal as a mortgagee in possession. On Asadh badi 13, Svt. 1995 (roughly corresponding to 18th June, 1939), Namedar of Niyobat Bhawana of the former Mewar State submitted a report to his officer that Pyarelal mortgagee was not regular in payment of rents and that the land was being cultivated by some tenants under him, hence steps be taken either to ensure regular payments of rents by Pyarelal or the actual tenants names be entered in the papers. Eventually this report after many journeys to and fro reached the Hakim Devasthan who passed the following order on 30.12.1939.
"Returned in original with the remarks that Beni Rams khata is under mortgage with Pyarelal who does not pay rent regularly at the appointed time, nor does he attend to written requests. Under these circumstances it is unnecessary to
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