JEMA PANDIANI Vs. ANANDA SETHI

JUDGEMENT

(1.) THIS is an appeal by the first Defendant who is an alienee in respect of 48 cents of washerman -service inam lands from the brother and the wife of the service inamdar, namely, the Plaintiff. It is said that during the Plaintiff's absence in Rangoon the Defendant -Appellant took a sale deed from the brother and the minor son of the Plaintiff represented by the mother as guardian, and has been in possession. On his return from Rangoon the Plaintiff filed a suit in ejectment.

(2.) THE learned Munsif dismissed the Plaintiff's suit on the ground that as the lands had been a resumed and re -granted to the alienee, the Plaintiff had lost his title. On appeal, however, the learned District Judge held that the resumption proceedings were not regular and were not binding on the Plaintiff. He also held that the Government order had not been made final as the Collector had intimated to the Court that he would await the decision of the Civil suit. The learned District Judge, therefore, reversed the finding of the Munsif and granted a decree to the Plaintiff.

(3.) I agree.