HARI GANU BHAGADE Vs. GANGADHAR VITHAL GULAVNI

JUDGEMENT

(1.) The plaintiffs sue to recover possession of certain lands in the Kolaba District, on the ground that they were entitled so to do by reason of their occupancy tenants having assigned those lands to other persons without permission of the plaintiffs, who were the khots.

(2.) The learned Trial Judge has cited a number of decisions, which establish that alienation by a khoti tenant of his khoti lands in the Kolaba District works as a forfeiture.

(3.) The lower Appellate Court, accepting that custom as established, discusses a counter- custom set up by the defendants to the effect that khoti tenants were entitled to transfer their holdings, and he holds the Custom is not proved.