VASUDEO LAKSHMAN BHAGVAT Vs. GOVIND MAHADEV GHATE

JUDGEMENT

(1.) The plaintiffs are tenants of certain rice lands in the alienated village of Ramraj in the Thana District. The defendant is the Inamdar of the village, being owner of a share of 14 annas and 6 pies and mortgagee of the remaining interest.

(2.) The plaintiffs sue for a declaration of their title to the varkas lands described in the plaint and to restrain the defendant from obstructing their enjoyment thereof and for restoration of possession if it be held that possession was with the defendant at the date of suit. In the first Court the plaintiffs suit was dismissed but in the lower appellate Court the District Judge, though agreeing with the lower Court upon the questions originally raised, held that by reason of certain proceedings of the Revenue authorities taken on the introduction of the survey settlement to the village of Ramraj, the plaintiffs were occupants of the lands they claimed and entitled to hold them in perpetuity subject to payment of assessment to the defendant-Inamdar.

(3.) The rights of tenants of rice lands over adjoining waste land of their superior holder is, by custom in the Thana District, confined to the use of portions of the waste for obtaining the manure without which the rice lands could not be cultivated or the assessment on the rice land earned and paid. Upon the evidence the Subordinate Judge held, and the learned District Judge agreed, that the presumption that the user by the rice lands tenants of the varkas land was with the leave and permission of the Inamdar was unrebutted, that no permanent tenancy was proved and that the claim to hold the varkas lands as part and parcel of the rice lands was excluded by the pleadings and could not be sustained.