TEKAIT RAM CHUNDER SINGH Vs. SRIMATI MADHO KUMARI

JUDGEMENT

(1.) TEKAIT Ram Chunder Sing, ghatwal of a large estate named Pathrole, brings the action to eject from Lalgurh, a subordinate tenure within its ambit, the Defendants, who are widows of the last holder of it, Bunwari Sing, and are under the protection of the Court of Wards. He claims the right to resume that tenure at will, and further asserts that his right to this resumption has been conclusively decided in a previous suit between the same parties. The Defendants claim to hold a ghatwali tenure, from which they could not be dispossessed, on the payment of a fixed rent; they deny that the question had been decided as alleged, and set up the plea of limitation. The Subordinate Judge found for the Defendants on the plea of resjudicata and for the Plaintiff on the plea of limitation, and gave the Plaintiff a decree on the ground that the tenure was resumable at will.

(2.) THE High Court reversed this judgment, finding for the Defendants on the plea of limitation only. From that judgment the present appeal is preferred.

(3.) ONE Digbijoy Singh was the ghatwal of Pathrole about the beginning of this century.