RAMCHANDRA BALLAL Vs. DATTATRAYA VISHNU

JUDGEMENT

(1.) This is a suit for possession, plaintiffs being some of the whole body of Khots interested.

(2.) The ground on which possession is sought is that by purporting to transfer by way of sale her occupancy rights, the defendant No. 1 resigned the land within the meaning of Section 10 of Bombay Act I of 1880 with the result that the land is at the disposal of the Khot as khoti land free of all enoumbrauces.

(3.) It is conceded before us that unless this transfer can be created as a resignation of the laud, the plaintiffs case must fail.