GANGARAM HARI TELI Vs. GANESH PANDURANG GHANEKAR

JUDGEMENT

(1.) The plaintiffs sued to recover possession of the plaint lands and to recover costs and rents for three years before suit 1917-18 to 1919-20. They claimed that the defendants were annual tenants, the tenancy being duly terminated on March 31, 1920, by a notice sent on December 24, 1919. The rent claimed amounted to half the profits for rice lands, for grass lands, and for fruit bearing trees, and one- third profits for work is lands, this being alleged to be the practice for Dharekari villages like the plaint one. The case comes from Ratnagiri, but plaintiff is not a Khot but an ordinary landlord.

(2.) The trial Court held that the defendants were perpetual tenants, and that plaintiffs were entitled to enhance to a reasonable extent, and that reasonable enhancement was four times the assessment for two years in suit, and for the others in which there was famine, only twice the assessment was decreed.

(3.) But in addition to the decree for enhancement at four times the assessment, the Judge also decreed to the plaintiffs rent for fruit trees which were grown by the tenants on the land, and with regard to one jack-tree in thikan Gayal, he held that the defendants were only annual tenants.