GOVIND VITHU MALI Vs. VITHAL LAXMAN DESHPANDE

JUDGEMENT

(1.) This was a suit brought by the plaintiffs the owners of the watan land in suit to recover possession, or in the alternative for enhancement of rent.

(2.) The learned Subordinate Judge held that the defendants had succeeded in tracing their tenure back to such a long period that the burden of showing the commencement of the tenure was shifted on to the plaintiffs, and that the plaintiffs had not discharged the burden, and therefore raised the presumption Under Section 83, Bombay Land Revenue Code, and dismissed the plaintiffs suit for possession of the land and allowed the enhancement as directed in the decree.

(3.) On appeal by the plaintiffs, the learned District Judge expressed the opinion that in view of the fact that the defendants were in occupation of the land as tenants before 1863, and the origin of the tenancy was lost in antiquity, he would have agreed with the view of the lower Court, but relying on the Privy Council ruling in the case of Madhavrao Waman V/s. Raghunakh Venkatesh A.I.R. 1923 P.C. 205, held that as the tenant could not acquire title by adverse possession to a permanent tenancy against the watandar, no presumption could be raised Under Section 83, Bombay Land Revenue Code, in respect of the watan lands.