KESRI SINGH Vs. CHANNO

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for ejectment in the Revenue Court. The defendant pleaded that the relation of landlord and tenant did not exist between the parties. He in fact set up his rights as a mortgagee from the proprietor Ganesh, who is now dead, and one of whose sons is in Jail and the other absconding. He in support of his contention produced an unregistered deed dated the 22 April, 1909.

(2.) The Court of first instance found that the relation of landlord and tenant did not exist between the parties. It also remarked that in this village the lambardar was not the sole person who made collections, but that all the co-sharers made collections in respect of their separate shares. The first Court, therefore, was further of opinion that the suit by the lambar dar alone for ejectment was not maintainable.

(3.) On appeal the lower Appellate Court has upheld the findings of the first Court and dismissed the suit. The judgment is not as clear as it might have been but I take it that the lower Appellate Court was opinion that the relation of landlord and tenant did not subsist between the parties.