KAMPTA PRASAD Vs. SHEO PRASAD AND RAM CHARAN

JUDGEMENT

(1.) The plaintiff in this suit is an occupancy tenant and he brought a claim against his landlord to recover a certain sum of money by way of damages alleging that the landlord had without any right deprived him, the plaintiff, of the fruits of certain trees which stand upon his occupancy holding.

(2.) The first Court dismissed the claim, but the lower Appellate Court has decreed it in part. It has given the plaintiff relief with respect to the compensation demanded on account of the taking away of mango fruits but has dismissed the claim as regards the fruits of the two other trees, namely, a jamun and a lasora tree.

(3.) The defendant zemindar has appealed and the plaintiff has filed cross- objections. The case came up before a Judge, of this Court who has referred it for decision to a Bench, being of opinion that a question of general importance is raised.