NARAYAN VITHAL KOTHARI Vs. MANGESH VITHAL LAD

JUDGEMENT

(1.) This was a suit brought by the plaintiff to recover possession of the lands described in the plaint, and Rs. 240 as arrears of rent for the years 1918 to 1921 and Rs. 400 as profits for the years 1921 to 1924, and Rs. 60 as interest on the two sums.

(2.) It appears that a permanent lease was passed in favour of one Vithal Sakharain Kothari, the father of defendants Nos. 1 to 3 by Vaman Krishnaji Naik on August 80. 1885,

(3.) In the lower Court the defendants contended that the plaintiff had not acquired the right of the landlord as the real owners were the daughters of Vaman, and not the vendors of the plaintiff, who were the heirs of Krishnaji. It was contended that Krishnaji, the father of Vaman, died in the year 1882 and Varnan died in 1900, and therefore the persons entitled to the interest of the landlord were the daughters of Vaman. It was further contended by the defendants that the plaintiff was estopped from making the present claim, and that the claim was not within time.