VISHNU BHIKAJI ADHIKARI Vs. BABLA LAKHA JATHAR

JUDGEMENT

(1.) The plaintiffs are Khots of a village in the Ratnagiri District. They sued to recover possession of certain land which was in the possession of the defendant No. 1, who is the appellant in Appeal No. 55 of 1918. The plaintiffs case was that one Babu Daji was the occupancy tenant of the land, and that he had relinquished the same in the plaintiffs favour in 1913. They claimed, therefore, to be entitled to the land in suit. The defendant No. 1, Lakha, alleged that he was the occupancy tenant as heir of one Sada Narshet, who died in the year 1898, and that as he had been in possession for over twelve years any right of Babu Daji had been extinguished.

(2.) The trial Court held that Babu Daji, and not defendant No. 1. was the rightful occupancy tenant as heir of Sada Narshet, It also held the Rajinama to the plaintiff s proved, and accordingly passed a decree in favour of the plaintiffs for possession and mesne profits.

(3.) In appeal by the defendant No. 1 to the District Court, it was held that defendant No. 1 was not Sada s heir, and that although defendant No. 1 had been in possession for over twelve years, still that did not give him the occupancy right. On the other hand, his possession since 1898 as a tenant prevented his being treated as a trespasser, and as such required to give up his land without any notice. Such notice admittedly not having been given the plaintiffs were not entitled to a decree for possession. It accordingly modified the lower Court s decree, holding that the plaintiffs were entitled only to a declaration of their ownership of the property in suit.