RAMSINGH SHRIRAMSINGH Vs. SHIVRAO KRISHNARAO

JUDGEMENT

(1.) THE suit, from which this appeal arises, was filed by the plaintiff-appellant to recover from the defendant-respondent possession of the suit property. The property in suit consists of two fields bearing Reg. S. Nos. 249 and 250 situate at Nagardevle in the East Khandesh District. The plaintiff's case is that the suit lands are his ancestral property, that his ancestors were in possession of them since before the British Rule and that on 13-11-1946, the defendant wrongfully dispossessed the plaintiff in respect of the suit lands, which had then standing crops upon them. The plaintiff's contention is that an order of the Collector dated 17-12-1939, in pursuance of which the defendant took possession, was illegal and ultra vires.

(2.) THERE was also an alternative claim by the plaintiff on the footing that he was a tenant and that he was entitled to the protection afforded by the Bombay Tenancy Act, 1939.

(3.) THE plaintiff's suit was resisted by the defendant on several grounds. It was contended that the present suit was barred by res judi-cata in view of the decision in suit No. 88 of 1942, that the suit was barred under the Bombay Revenue Jurisdiction Act, that the suit was not in time and that the suit was not maintainable in view of the provisions contained in the Provincial Insolvency Act.