RAMCHANDRA HANMANT DESHPANDE Vs. ADIVEPPA NINGAPPA JAKKANNAVAR

JUDGEMENT

(1.) These are second appeals arising out of suits by landlords against the tenants. Second Appeals Nos. 335 and 436 of 1929 are appeals by the tenants who are held not to be permanent tenants under s.83 of the Bombay Land Revenue Code. In all the other appeals the tenants are held to be permanent tenants on the strength of the presumption arising under Section 83 of the Bombay Land Revenue Code.

(2.) Several points were urged in the appeals filed by the landlords. The first point urged in the lower Court was that the presumption under Section 93 would not arise if the tenancy began after the commencement of the grant in favour of the plaintiff's ancestor. That point is covered by the decisions in Ramchandra Narayan Mantri V/s. Anant (183) I.L.R. 18 Bom. 433 and Shripadbhat V/s. Eama (1926) 29 Bom. L.R. 274, 277. The point was not seriously pressed before us.

(3.) The second point is whether the presumption under Section 83 would arise when it is shown by the landlord that the tenancy commenced within a period of 150 years between 1700 and 1850. The period of 150 years is too long and indefinite to constitute satisfactory evidence of the commencement of the tenancy within the meaning of Section 83 of the Bombay Land Revenue Code according to the decisions in Shripadbhat V/s. Rama and Janardan V/s. Lakshman (1930) 33 Bom. L.R. 551.