RACHOTAPPA ISHVARAPPA Vs. KONHER ANNARAO DESHPANDE

JUDGEMENT

(1.) The appellants are the present representatives of a family, the Pattars, which has for a long period been in occupation of certain lands at Kurankop in the Dharwar district under a permanent tenancy. Some of these lands belong to the respondent Konher Annarao Deshpande as representative of the Deshpande family. The rest are devasthan lands held by the Deshpandes under a permanent tenancy and sub-let by them to the Pattars. As long ago as 1865 there was litigation between the predecessors of the parties in which it was settled by a compromise decree that the lands should be allowed to continue permanently in the occupation of the Pattars on payment of the assessment as fixed by Government from time to time. In 1923 the respondent brought two suits against Ishvarappa, the father of appellant Rachotappa, and Rachotappa himself, claiming to evict them as being merely annual tenants. In one suit, No. 58 of 1923, which related to those lands covered by the 1865 decree which belonged to the Deshpandes, the defendants Ishvarappa and Rachotappa pleaded and proved their permanent tenancy, and the suit was dismissed on December 12, 1923. On February 27, 1924, Ishvarappa made an application to the Mamlatdar to have his name entered in the record of rights as owner of the lands which had been the subject-matter of that suit. The application, exhibit 36, was in these terms : The Khata of survey Nos. 30, 31 and 33 of Kurankop stands in the name of Konherrao Annarao Deshpande. But he is not the owner thereof, I am not the permanent tenant-He is now and then harassing me by suits taking advantage of the entry in the records. The Khata should be entered in my name instead of in the name of Konherrao. Notice has been given to him of this.

(2.) The order below the application issued to the village officers of Kurankop was: We cannot interfere in a matter of this civil nature. If he has a decree of the Civil Court he may take possession accordingly. Applicant may be informed of this and this may be filed as disposed of.

(3.) In the other suit No. 106 of 1923, which related to the devasthan lands, the defendants denied both that Konherrao was a permanent tenant of the lands and that they were tenants under him and they set up title in themselves by adverse possession. That was on August 9, 1923. On March 11, 1924, the respondent withdrew the suit. In December, 1925, he brought the two suits, which have given rise to these Letters Patent appeals, to recover possession of the lands on the ground that the tenancy had been forfeited by the disclaimer of title, in one case in the application to the Mamlatdar already referred to, and in the other in the pleadings in the former suit. Ishvarappa who was made the sole defendant,-he was the only tenant shown in the revenue records, being the head of the family- died pending the hearing and his son, appellant No. 1, and nephew, appellant No. 2, were brought on record as his heirs. The trial Court allowed the claim in each case, and the decrees have been confirmed in first and second appeals. These are Letters Patent appeals from the judgment of Mr. Justice Baker. Letters Patent appeal No. 12 relates to the devasthan lands, and Letters Patent appeal No. 13 to the other lands.