CHHOTELAL Vs. SHER SINGH

JUDGEMENT

(1.) THIS appeal has been filed against an appellate decree of the Additional Commissioner Jaipur, dated 25.8.55 confirming the decree of the trial court whereby the respondents' suit for ejectment of the appellants from the land in dispute was decreed.

(2.) WE have heard the learned counsel appearing for the parties and have examined the record as well. WE have no hesitation in observing that the lower courts have failed to approach the case in a right perspective. The respondents based their claim on the ground that the holding in dispute was given to the appellants for agricultural purposes, but by cons tructing residential houses thereupon they have committed "an act detrimental to the lands ' " the holding or inconsistent with the purpose for which it was let." The case came before the Board previously as well on 8.1.54 and was remanded with the observation that the trial court should have asked the plaintiff to give better particulars of these acts or omissions and then to frame definite issues on the point. The following issues were framed by the trial court - 1. Was the land in dispute leased out to the defendants by the plaintiff on a Patta for agricultural purposes ? 2. WEre the defendants constructing houses upon the land instead of cultivating it and were thereby spoiling the land ? If so, with what effect ?