The present suit has been filed by the plaintiffs Sardar Hari Singh, Sardar Fouja Singh and Sardar Kartar Singh for recovery of Rs. 36,000/-, out of which Rs. 34,000/- was advance money given for the Theka in question and Rs. 2,000/- has been claimed as damages. The plaintiffs case is as follows :

The defendant was the owner of certain lands situate in Kohli Dilbagh, Tehsil Gujranwala (Punjab) and she used to settle these lands with Thekadars by auction from time to time. The defendants sanctioned the Theka of the lands in suit in this village from Kharif 1947 to Rabi 1950 in favour of the plaintiffs, on their depositing a sum of Rs. 54.000/- being the advance consideration of the Theka for one year. The plaintiffs deposited a sum of Rs. 34,000/- between 25th January 1947 to 25th February, 1947.

The plaintiffs deposited a sum of Rs. 2000/-on 25-1-1947 by virtue of Ex. P. 2, Rs. 21.600/,-on 12-2-1947 by virtue of Ex. P. 3, a sum of Rs. 7,800/- on 20-2-1947 by virtue of Ex. P.4 and Rs. 2,600/- on 25-2-1947 by virtue of Ex. P. 5. One of the conditions of the Theka was that a regular lease and Kabuliat would be executed after the Thekadar was put in possession. The plaintiffs alleged tha

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