(1.) The defendant has come up in Second appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial Court.
(2.) The facts : The respondent-plaintiffs sought a declaration to the effect that their predecessors-in-interest had given the land in lieu of which the suit land was allotted in consolidation as Dholi to Manohar Lal son of Kanhiya till the Dholidar rendered services to the owners. The Dholidar leased out the suit land to the defendant-appellant for 99 years vide lease deed dated 25.8.1971. The original Dholidar died without leaving any issue and as such the land reverted to the plaintiffs who are the owners. The defendant controverted the allegations made by the plaintiffs and pleaded that the Dholidar was the absolute owner of the land and was competent to create a perpetual lease for 99 years.
(3.) The trial Judge framed the following issues :