RAJE DATTAJIRAO Vs. PURANMAL

JUDGEMENT

(1.) THIS second appeal arises out of a suit instituted by the appellant under the following circumstances.

(2.) THE village of Deolgaon Raja was settled by one Raja Jagdeo to whose family the plaintiff claims to belong. It is said that the plaintiff's family has since time immemorial been in the enjoyment of various rights within the limits of the said village and the right known as Dhadwai shete right is one of such rights. The plaintiff claims the sole right to weigh and measure and secure customers for the commodities which are imported within the limits of Deolgaon Raja village, and to realize on that account from the commodity one seer per palla of 120 seers and in case of ghee and other articles one quarter anna per rupee. It is further alleged that the defendant used to pay the plaintiff his customary dues of Dhadwai up to the year 1919; he, however, refused to allow plaintiff's servants to weigh goods during the three years in suit i. e., 1920, 1921 and 1922. The plaintiff, therefore, sued for a declaration of his right to realize the customary dues known as Dhadwai and for the consequential relief of compensation for loss of income which he assessed at Rs. 330 for the 3 years in suit.

(3.) THE first Court's findings given in paras. 11 and 15 of the judgment may be summarized here for the sake of easy reference, so far as they are material to the decision of this 2nd appeal.