BHAIGANTI BEWA Vs. HIMMAT BIDYAKAR

JUDGEMENT

(1.) In this case the suit was brought for ejectment.

(2.) In the first Court the plaintiff was successful and obtained a decree.

(3.) In the first Appellate Court, however, the plaintiff s suit was dismissed on the ground that the defendant had, succeeded in proving that he was entitled to the land. The learned Subordinate Judge further found; on my reading of his judgment, on the second issue which was whether the land was settled with the defendant by the plaintiff in burga, that the plaintiff had settled the land with the defendant as alleged by the plaintiff, but that inasmuch as the tenancy had come to an end, Section 116 did not apply and, therefore, the defendant was entitled to set up his own title against that of the plaintiff.