GANGESHWAR PRASAD
Bodhan, Defendant No. 1 – Appellant
Versus
Bhundal Singh – Respondent
JUDGMENT : These two connected second appeals arise out of two connected suits (suit Nos. 3 and 4 of 1951) filed in the civil court for possession over certain plots of agricultural land. Bhundal Singh and Badri Singh, sons of Dalip Singh were plaintiffs in both the suits, while Bodhan and Ramapati were defendants in suit No. 4 of 1951 and a Sumiran and Bodhan were defendants in suit No. 3 of 1951. In both the suits it was alleged by the plaintiffs that Smt. Rajjo, an occupancy tenant of the disputed plots, executed a deed of gift in favour of Dalip Singh, father of the plaintiffs, on 2nd October 1888, and Dalip Singh entered into possession under it. On 15th May 1915 Dalip Singh mortgaged with possession by means of a deed of mortgage the plots involved in suit No. 3 of 1951 Ram Bharos who is dead and is now represented by his son Bodhan defendant No. 1. Ramapati defendant No. 2 in that suit was said to be in possession of one of the plots as transferee from Bodhan and was thus impleaded as a co-defendant. On the same date i.e. 15th May 1915. Dalip Singh mortgaged with possession by means of another deed the plots involved in suit No. 4 to Sumiran defendant No. 1 and Ram
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