RAJA RAM Vs. RAM BOY

JUDGEMENT

(1.) The plaintiffs instituted the suit out of which this second appeal arose for ejecting the defendants from certain lands belonging to the Kama Boi Chatram at Villupuram in the South Arcot District. The facts found by the Lower Court are as follows:-The founder of the Chatram Kama Boi had two brothers, Lal Singh and Banu Singh. Lalu had six sons, Thula Ram, Subba Ram, Tikka Ram, Thotha Ram and 2 others. Tikka Ram was adopted to Banu Singh, his uncle. The two brothers Lalu and Banu, apparently succeeded to the trusteeship after the founder s death. Tulu Ram and Tikka Ram (the latter apparently as the representative of Banu Singh) managed the Chatram affairs till the death of Tikka Ram. Tikkararn left a minor (the second plaintiff) surviving him.

(2.) During his minority the chatram was managed by Thula Ram till he died. In 1902 his adopted son. Balaji, executed an agreement Exhibit A. in favour of the plaintiffs. By this agreement the plaintiffs were to be in possession and enjoyment of half the chatram properties including the lands in suit and Balaji was to be in possession of the remaining half. The defendants originally came into possession of the plaint lands as tenants under Balaji in 1899. The plaintiffs gave them notice to quit in 1905, but instead of quitting they entered into a fresh contract of tenancy with Balaji who had evidently made up his mind not to stand by the agreement, Exhibit A.

(3.) The defendant s contention that Tikkaram s right to trusteeship was barred by limitation long before the date of Exhibit A has been negatived by the Lower Courts. A decree was passed in plaintiff s favor upholding their right to put an end to the defendant s tenancy.