SHIV SAHAI Vs. HAR NANDAN

JUDGEMENT

(1.) This is a plaintiffs' second appeal from the decision or the Additional Civil Judge, Farrukhabad dismissing their suit for recovery of damages against the defendants. The dispute relates to the value of mango fruit alleged to have been illegally plucked from a grove by ttie defendants. The plaintiffs alleged that they and the first defendant were the joint grove-holder of the grove, the plaintiffs' share being one half. They complained that in the year of the suit, there was a good crop of mango but the defendants misappropriated the whole of it which they were not entitled to do. The plaintiffs valued the crop at Rs. 220/- and claimed Rs. 110/- as the value of their share.

(2.) The defendants contested the suit and raised a number of pleas in defence. They denied that the land was a grove and alleged that they have been cultivating it exclusively and had become sirdars after the abolition of zamindari. They also denied that they had plucked any mangoes from the trees standing on the land.

(3.) As the plaintiffs had claimed to be bhumidhars and the defendants sirdars of the land, these two issues were remitted to the revenue Court which decided them against the defendants. The trial Court accepted the finding of the revenue Court and also held that the land was grove-land of which the plaintiffs were joint bhumidhars. It also held that the defendants had misappropriated the entire crop and awarded the plaintiffs a sum of Rs. 100/- as damages.