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ALLSOP
Jhillar Rai – Appellant
Versus
Rajnarain Rai – Respondent
JUDGMENT
Allsop, J. - This second appeal arises out of a suit in which the plaintiffs-respondents originally claimed damages against certain persons for appropriating a crop in certain fields and also an injunction restraining these people from interfering with their possession. At a later stage there, was a further prayer for possession over the property. The plaintiffs-respondents claimed as mortgagees in possession on the basis of a mortgage deed executed in their favour on 23rd September 1929, by Madan Gopal and Radha Raman. This deed purported to create a mortgage over 5 plots, viz., 160-1, 160-2, 160-3, 160-4, and 160-5 comprising a total area of a little over 5 acres in khewat Pahalwan Singh. It appears that the mortgagors had a share of 1 anna 6 pies in this khewat and had sir rights in the 5 plots which they purported to transfer by the deed which they executed in favour of the plaintiffs. The whole area of land in the mohal was 65.8 acres, so that the area which corresponded with the share of the mortgagors was about 7 acres. In addition to the plots transferred under the mortgage the mortgagors were also in possession of certain other sir plots, the total area of their si
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