SITARAM SAKHARAM MANGLE Vs. LAXMAN VISHNU KETKAR

JUDGEMENT

(1.) The plaintiff filed this suit to recover Rs. 229-15-6 being the value of the Mamul Inam dues in kind as set forth in the plaint for the years 1915-16" and 1916-17. He alleged that he and some Bhaubands of his had come to acquire a moiety of the village of Kasar Kolwan from the original Inamdars who were entitled to rent in specie and kind from the body of Khots of the village, that plaintiff had a four annas share in the Inam, that the defendant was managing Khot of eight annas for the first year mentioned and four annas for the second year and so was liable to pay the rent, which had consistently been paid from Mamul times.

(2.) The defendant pleaded that plaintiff was an Inamdar of the royal share of the revenue and was therefore only entitled to the survey assessment as the survey settlement had been introduced into the village. It was found in the Trial Court- (1) that the contention of the defendant that plaintiff could only recover survey assessment and not Mamul rent in kind or its money value was barred by res jtiiicaia by virtue of the decision in a previous Suit No. 160 of 1892 ; (2) that the introduction of the survey settlement did not affect the plaintiff's right to get the Mamul dues and it was introduced without the Inamdar's consent; and (3) that plaintiff was Inamdar of the soil.

(3.) Plaintiff's suit was accordingly decreed.