LUNKUSH Vs. RAJENDRA SAHAI

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for possession over two plots Nos. 1697 and 1698 studded with trees.

(2.) The plaintiff is a zamindar and the owner of the plots. According to him, the defendants had unlawfully taken possession of the plots and planted a grove on them without the consent of the plaintiff or his guardian when he was a minor. The suit was filed in the civil Court for the ejectment of the defendants.

(3.) The defence was that the defendants had taken the plots in suit from the mother of the plaintiff when he was a minor and had planted the grove 11 years before the suit with her consent, and that consequently they were grove-holders and could not be ejected. An issue about the groveholders' right was raised. The issue was sent to the revenue Court for a finding. The revenue Court found that the defendants were groveholders. The Munsif thereupon dismissed the suit. On appeal the lower appellate Court held that the defendants were not groveholders because they had not planted the grove with the permission of the plaintiff's mother as alleged by them. It, therefore, allowed the appeal and decreed the plaintiff's suit.