SABDI BEPARI Vs. SHEIKH BUDHAI

JUDGEMENT

(1.) This is an appeal by defendants Nos. 1 to 3 and arises out of a suit brought by the plaintiff for a declaration that certain lands appertain to his jote from which he was wrongfully dispossessed by the defendants. The plaintiff further alleged that he was already a tenant under the landlords of the land of dag No. 11 and that the landlords during the Re-cord-of- Rights included a portion of his jote within dag No. 1 of the Record-of-Rights which was recorded as khas patit. The plaintiff further alleged that although he had an existing tenancy right to a portion of the lands now in dispute he was obliged in order to avoid a dispute with the landlords to take a fresh settlement from the landlords and that an amaldari was granted by the landlords in 1322 B.S.

(2.) The defence of defendant No. 1 was that all these lands formed part of the zemindar's khas patit recorded in dag No. 1 and that he took settlement from the landlords in 1324, and that, therefore, the lands appertained to the jote settled with him by the landlords.

(3.) It appears that there was a local investigation by which the Commissioner in his map indicated the situation of the different dag:; and their extent. The report of the Commissioner, however, was found by the lower Appellate Court as not helpful in the matter and that Court decided the case really without any reference to the Commissioner's report.