YESHWANT VISHNU NENE Vs. KESHAVRAO BHAIJI

JUDGEMENT

(1.) This is an ejectment suit in which the plaintiff represents the landlord under two agreements of 1859 and 1860 and the defendants represent the tenant under those agreements.

(2.) The question is whether the plaintiff is entitled at any time to determine the tenancy which has been subsisting since the date of those agreements.

(3.) Now, the first of them, Ex. A, is dated the 5th of March 1859, and the tenant there agrees as follows :- There is your Wadi by name Charni situate on the sea-shore. I have taken the land Fazindari (or on Fazindari or as Fazindar) being a portion of this Wadi on the Southern side for building a Cadjan house. On this land I shall build a house at my cost within Rs. 50. The ground rent is fixed at Rs. 6 per annum which I will continue to pay from year to year. I will pay the assessment, and, if at any time you be in need of the ground appertaining to this house, I am to give the said ground to you and you are to pay me Rs. 50 being a valuation thereof agreeably to what is written above.