GANGESHWAR PRASAD
Jagat Narain – Appellant
Versus
Laljee – Respondent
JUDGMENT : This suit which has given rise to this Second Appeal was for possession of certain plots of agricultural land. Admittedly Mahadeo, who was an occupancy tenant of the plots in suit, mortgaged them usufructuarily to defendants Nos. 1 to 3 for a sum of Rs. 85/- about 15 years prior to the institution of the suit and the mortgagees had constituted in possession since then. It was alleged by the plaintiffs that on 14th October, 1958 Mahadeo acquired the rights of a Bhumidhar by depositing an amount equal to ten times the revenue payable for the land and then sold it to the plaintiffs. The plaintiffs thus claimed to be entitled to recover possession of the land on payment of Rs. 85/- or such other sum as may be found due under the mortgage. The learned Munsif granted to the plaintiffs a decree for possession subject to their depositing a sum of Rs. 85/-within one month from the date of the decree. On appeal by the mortgagee-defendants the learned District Judge modified the decree of the trial Court and substituted for the decree of possession a decree in the following terms. The plaintiffs were granted a declaration that they are Bhumidhars of the land in suit and th
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