MUHAMMAD TAKI Vs. SHANDAR

JUDGEMENT

(1.) HAVING regard to the language of the wajib-ul-arz, which governs the relations of the zamindar and the tenants, we are of opinion that the view expressed by the learned Additional Judge in his judgment is correct. The wajib-ul-arz recites that the groves planted by cultivators are noted in a list of groves, and that those owners have a right to out the timber in any way they please. It is proved that the timber in question was planted by the predecessor-in-title of the defendants and the defendants entered as occupancy tenants in the column of tenants and also as owners of the trees. In view of the language of the wajib-ul-arz, which we think has been correctly interpreted by the Court below, we dismiss the appeal with costs, including fees in this Court on the higher scale.