GHOLAM MOHIUDDIN HOSSEIN Vs. KHAIRAN

JUDGEMENT

(1.) The appellants before us were the plaintiffs Nos. 1 to 3 in the Court of first instance and are proprietors to the extent of eight annas odd gundas in a parcel of land comprising 141 bighas, which is in the possession of the persons, who have been referred to as the principal defendants in the suit. With the appellants certain other persons joined as plaintiffs, who represented a two annas interest in the same property, and the remaining interest is vested in the pro forma defendants. The suit was for what has been described as partial ejectment of the principal defendants, that is to say, the plaintiffs asked for khas possession to the extant of their share in the, land jointly with the principal defendants, and there was an alternative prayer that, if the Court should think fit, the principal defendan's might be declared liable to pay to the plaintiffs a fair and equitable rent to be determined by the Court.

(2.) The plaintiff's case was that the tenant-defendants held the lands in suit in lieu of certain services to be performed by them as famishes; and that as they no longer performed or were disposed to perform these services, they had consequently served upon them a notice calling upon them to quit and give up possession of the land, but they failed to do so; and hence the suit.

(3.) In the Court of first instance, the plaintiffs obtained a decree, but on appeal, that decree was reversed by the learned Judge and the suit was dismissed.