HADI HASAN KHAN Vs. PATI RAM

JUDGEMENT

(1.) This was a suit under Sections 150 and 154 of the Tenancy Act for resumption of a rent-free grant. The plaintiff alleged that the grant was made for the performance of a specific service in connection with the Holi, which he no longer required. The Assistant Collector decreed the claim, but on appeal his decision was reversed on the ground that the land, being grove-land, was not land held for agricultural purposes within the meaning of Section 4(2) of the Tenancy Act, and was not land within the meaning of the word as used in Chapter X of the Act.

(2.) In the papers prepared at the settlement of 1836 and 1872 the land was recorded as held under a service grant, and during the current settlement it is recorded as a rent-free grant, and the wajib-ul-arz says that the land shall be held subject to the service to be rendered at the Holi.

(3.) The District Judge has not recorded a definite finding that the land is held rent-free on account of the service, but on the evidence no other conclusion is possible.