This second appeal has been filed by the defendant against the appellate decree of the Divisional Commissioner. Bikaner dated 22.8.57 confirming the decree of the trial court as far as it related to the ejectment of the defendant from the land in dispute but modifying it in respect of the amount of mesne profits—the amount decreed by the trial court was Rs. 108/12/- and the same was reduced to Rs. 65/4/- by the first appellate court.

2. We have heard the learned counsel for the parties and have examined the the record as well. To appreciate the points involved for determination in this second appeal it is essential to refer to certain facts antecedent to the institution of the present suit in point of time. Shri Lakhan Singh Subedar Major Ganga Risala, Bikaner sent an application to the Collector Churu through the Officer Commanding, Ganga Risala on 30th March, 1951 in which it was stated that Lakhan Singh owned the land in dispute—Khasra No. 41 measuring 41 bighas 18 biswas in Patta Kanwari, that the Khatedari of the said field was given to him by the settlement Commissioner, Sader, vide, his decision dated 18.5.45, that the field was in those days cultivated by one Akbar Khan, tha

Click Here to Read the rest of this document