LAWS(MPH)-1960-10-25

GOWARDHAN Vs. BHAWANI PRASAD

Decided On October 14, 1960
GOWARDHAN Appellant
V/S
BHAWANI PRASAD Respondents

JUDGEMENT

(1.) THIS Letters Paten Appeal by the defendant (No.1) from a decision of Tare J. arises out of a suit filed by the respondent Bhawaniprasad for recovery of Rs.1,290/ as damages from the appellant Gowardhan and two other persons Ratansingh and Uwaraj singh.

(2.) THE plaintiff's case was that under an oral lease given by one Dwarkabai on 20th October, 1949 he obtained the right to extract lac from the lach palsadi standing on certain occupancy lands of Dwarkabai for a consideration of Rs. 500 for two crops of 1949 -50; that the appellant entered into a partnership with him in this lease of lac extraction; that on 25 December 1949 he extracted some lac from the palsadi and this was shared by him and the appellant Gowardhan in the agreed proportion; that on 26 December 1949 when his labourers were bringing the extracted lac the defendants Ratansingh and Uwarajsingh forced the labourers to take the lac to their own bada; and that the appellant Gowardhan assisted the other two defendants in the wrongful removal of the lac. On these allegations the plaintiff claimed that he was entitled to recover as damages the value of his share of lac, after deducting the cost of collection. The plaintiff valued his share of lac at Rs. 1,290 and accordingly claimed a decree for the amount.

(3.) RATANSINGH and Uwarajsingh pleaded that Dwarkabai had no right to give the lease, and that in the lakh palsadi leased out they had a right of extracting lac. The plaintiffs claim was decreed to the extent of Rs. 833 -5 -0 against the appellant Gowardhan and Uwarajsingh. Gowardhan alone then appealed to the District Judge, Chhindwara. The appeal was partly allowed and the plaintiff's claim was decreed to the extent of Rs. 716 -10 -0, the appellant being held liable only to the extent of Rs. 597. Gowardhan then preferred a second appeal in this Court, which was dismissed.