Bhargava, J.—This is a second appeal by the plaintiffs in a suit for recovery of arrears of rent. Plaintiffs who are members of a joint Hindu family, filed the present suit against Lala, Hira and Jawahara sons of Jora and Ghisa son of Moti and grandson of Jora and Mst. Juphi widow of Moti. Jawahara died after the institution oft he suit and the suit is being continued against the remaining defendants.

2. Plaintiffs case is that Jora usufructuarily mortgaged his agricultural lands with their ancestors on 26th November, 1911 and executed a registered mortgage deed in their favour. On the same day, Jora took back the mortgaged land for cultivation on an annual rental of Rs. 199/8/- for a period of three years. A registered lease deed was also executed by Jora on that very day. Plaintiffs case further is that Jora during his life time and after his death his sons continued cultivating the land on the same terms and paid rent to them upto Smt. 1996. But thereafter, they did not pay any rent and so the present suit for recovery of rent for the years 1943, 1944 and 1945 had been filed. It is in evidence that Jora died in the year 1928.

3. The defendants completely repudiated the plaintiffs

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