VISHNU RAMCHANDRA DESHPANDE Vs. TUKARAM GANU BOGAR

JUDGEMENT

(1.) The plaintiff sued to obtain possession of the lands described in the plaint, or in the alternative for a declaration that he as inamdar was entitled to demand enhanced rent from the defendants, stating that the lands belonged to the Deshpande family as inam watan lands.

(2.) The defendants admitted that the lands were watan inam lands; but they contended that the lands belonged to them as their ancestral properties; that they were in possession from ancient times; that the ancestors of the plaintiff had got the right to recover the Government assessment only from them and accordingly they used to pay Rs. 31-32 only in the Khata of Ramchandra Gopal for the judge that they were not annual tenants; that no proper notice was given to them by the plaintiff; that the father of the plaintiff had instituted Suit No. 34 of 1891 against their ancestors; that in that suit their ancestors had claimed the lance as of their ownership; and that since then they were in possession adversely to the plaintiff and his father for more than twelve years.

(3.) It was found in the lower Court that the lands in dispute were the watan inam lands of the plaintiff's family, that on account of the antiquity of the defendants tenancy there was no satisfactory evidence of its commencement, and therefore under Section 83 of the Bombay Land Revenue Code the presumption arose that as against the inamdar's family there was fixity of tenure. The learned Judge said :- I therefore hold that the defendants are permanent tenants. The usage to enhance the rents of permanent tenants is very widely known and well understood. Such tenants are liable to have their rents enhanced by their land, lords : 22 Bom. L, R. 717.