TULSI Vs. PARO DEAD

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the learned Single Judge of the Himachal Pradesh High court, dated 16/6/1980 in Rs. A No. 138 of 1979. The trial court had decreed the suit and the appellate court allowed the appeal and dismissed the suit. In the second appeal, the High court reversed the judgment and decree of the appellate court and confirmed that of the trial court. Thus, this appeal

(2.) The admitted facts are that the suit properties of various khasra nos. admeasuring 12.4 bighas and 22.4 bighas situated in Mohal Kanyarka, Pargana Churah, Tehsil Bhattiyat, District Chamba in the State of Himachal Pradesh, belonged to the respondent. She had filed a suit for possession against the appellant pleading that he is a licensee and had agreed to cultivate the lands on her behalf as licensee and, therefore, he is liable to be ejected by a decree of eviction in the suit. It is the case of the appellant that though the parties are related, he is only a tenant at will and he agreed to cultivate the land as a tenant giving the produce to the respondent-landlady as he was looking after her. The admitted position is that the revenue records for the period from 1951-52 to 1971-72 do indicate that the appellant had been shown as "gar Marusi". It would appear that it means "tenant at will". Section 105 of the Transfer of Property Act, 1882 defines lease thus:

(3.) The appeal is allowed in the light of the above facts and circumstances. No costs.