NILAJI MOROBA NAIK Vs. NAGINDAS MOTILAL

JUDGEMENT

(1.) In this case the plaintiffs sued to recover Rs. 7,284-12-0 as the price of 2,428 maunds and seven payalis of paddy on the allegation that the plaint property was let in the year 1853 on a permanent lease to two persons Jayaram and Ramchandra, that the right of cultivation was sold and purchased by one Ganpat Sakharam from whom the father of defendants Nos. 1 and 2 and grandfather of defendants Nos. 3 and 4 purchased it subject to the conditions of the lease in 1886, and that the father of defendants Nos. 1 and 2 purchased one-twelfth share in the plaint property. The suit was brought in respect of the eleven-twelfths share of the right belonging to the inamdars.

(2.) The defendants contended that they were the owners of the property, that the paddy mentioned in the kowl denoted the Dhara due to the inamdars and the plaintiffs can only claim the Dhara in cash, that no relation of landlord and tenant existed between the parties, and that the defendants gave notice to the plaintiffs that they did not wish to continue the laud for cultivation on the terms settled between the parties.

(3.) The learned Subordinate Judge held that the plaintiffs-inamdars were the owners of the land, that the liability reserved under the kowl was to pay rent, that the predecessors of the defendants acquired the right of a tenant, and that the defendants remained as tenants, but held that the tenancy was put an end to by the Rajinama, Exhibit 79, given by the tenants to the inamdars.