LODAI RAM Vs. SUKHDEO KOERI

JUDGEMENT

(1.) This appeal must be allowed. The plaintiff and the Defendants Nos. 2 to were the holders of a grove bearing number 311. The zamindars, by a partition among themselves, divided the site of the grove, and a portion of it described in the patwari's papers as No. 311/2/2 was given to a co sharer. He leased out this portion of the land to the Defendant No. 1 who has since died and is now represented by his heirs. The plaintiff brought the suit, out of which this appeal has arisen, for recovery of possession from the lessee.

(2.) The Court of first instance decreed the suit. The lower appellate Court held that although Plot No. 311 was undoubtedly the grove of the plaintiff the trees had been, for a long time, falling down, and ultimately only 14 trees were left standing on the land, and that a portion of the grove having been leased out by the zamindar to the principal defendant, and the principal defendant having occupied the land for more than six months, the plaintiff's right to the land had become extinguished.

(3.) On this finding the learned Judge dismissed the suit.