ZINGRAJI DHANGAT Vs. NAGOSA KALAL

JUDGEMENT

(1.) MITCHELL , A.J.C. 1. Dhansa Kalar of Kamaljapur died in 1907, and his wife,. Mt. Ananda, took his lands in widow's estate. On 16th April 1908, she sold survey 2/1 to Nagosa of Hartoli for Rs. 700. On 5th June 1908, she sold survey 6 to the same Nagosa for Rs. 500. On 29th April 1911 Nagosa sold both these fields to Zingraji of Kamaljapur by a sale-deed which referred specifically to the previous sale-deads, giving their serial numbers in the books of the registration office. The sale-dead professed to convey a full and unlimited title in the fields, and it contained an indemnity clause to the effect that if anyone should make a claim Nagosa would be responsible for it and Zingraji would not be put to any expense thereby. As Zingraji lived in Kimaljapur, where the fields are situated and where Dhansa lived and died, and as Nagosa's own title-deeds were clearly cited in the sale-deed, it cannot be doubted that Zingraji knew that he was buying from Nagosa landed property which Nagosa had bought from a widow who had inherited it from her husband; and indeed this fact was definitely pleaded by Nagosa and mot denied by Zingraji.

(2.) ANANDA died about 12 years later, and her reversioners sued both Nagosa and Zingraji for possession of these fields, in suit No. 127 of 1923, in the Court of the Subordinate Judge, Amraoti. They got a decree on 4th February 1924, and obtained possession of the fields from Zingraji on 3rd May 1924.

(3.) ONLY two points are raised in appeal : one relating to the measure of the value of compensation, and the other relating to the claim for improvements. Zingraji still claims that he is entitled to the market value of the fields on the date of his eviction, and to the money he spent on improving the fields. It is convenient to consider these two points quite separately, and, in the first instance, to discuss the measure of compensation on the assumption that no improvements had been made.