BABULAL S O DAMODARJI AGRAWAL Vs. MOHAMMAD SHARIF

JUDGEMENT

(1.) This second appeal has been admitted only on one substantial question of law, which can be enumerated as follows :

(2.) In view of this substantial question of law which has been enumerated by this Court while admitting the appeal, both the learned counsel appearing for the parties have been heard with reference to evidence on record. Shri Joshi has tendered the original document, i.e. Ex. P-2A at the time of final hearing of this appeal. It has been tallied with the Xerox copy which has been admitted in evidence by the trial Court. The said document Ex. P-2A mentions :

(3.) Shri Joshi pointed out that, these sentences mentioned in the said document have relevance with the admission of original defendant No.1 Dhannalal, which shows that in the said written statement in paragraph No.1 he admitted that 50 years prior to submission of the written statement he had taken the suit land on rent from the forefathers of original plaintiff for constructing huts and for selling grass. He pointed out that in paragraph No.1 the original defendant had admitted that the month of tenancy was commencing from the 12th instant of every month as per gregorian calendar. Shri Joshi further pointed out that in paragraph No.2 original defendant No.1 had admitted that he would be using the said suit land strictly in terms on which the said land was rented to him on patta. He further admitted in the same paragraph that original defendants Nos.4 to 12 were installed by him as sub-tenants. It was also further admitted by him in the same paragraph that he was to construct the huts on the said land in accordance with the terms on which the said land was taken by him on rent on patta. It was also assured that he would be paying the rent per month regularly.