BANMALI S/O BHAGWANOO Vs. PITROO

JUDGEMENT

(1.) THIS is plaintiff's appeal from the decree dismissing his suit for possession.

(2.) THE land in dispute is plaintiff's Sir, field No. 296, area 1. 10 acres of mouza Baisakhuri. His case was that it was given to the defendant in lieu of rendering him service as a grazer. He claimed to enter on the field on the ground that the defendant was not rendering him service from the last 3 years.

(3.) THE suit was decreed by the trial Court but was dismissed in appeal. The lower appeal Court held that the defendant's father acquired the status of an ordinary tenant under the C.P. Tenancy Act of 1898, and that this right ripened into an occupancy tenancy under the new Act of 1920. In this view, the plaintiff's right of entry was negatived.