RAJE UDARAM BALWANT RAO Vs. WALLU

JUDGEMENT

(1.) THE plaintiff-appellant Raje Udaram Balwant Rao sued the defendants-respondents Wallu Jairam and Hupsingh for a declaration that they were not permanent tenants of fields 4/1 and 76/1 in mouza Moha, of which they have been recorded as such. His case was that one Pitamber was cultivating all field 4 from 1888 to-1893, that Hirya Mahar cultivated it from 1894 to 1898, and that it was given for cultivation to defendant 1, Wallu, in 1899. As regard field 76/1, Ukandya cultivated it from 1888 to 1898 and Wallu has been cultivating it since 1899 only.

(2.) DEFENDANTS ' case as regard field 4 was that Hirya cultivated it from 1893 to 1899, but Wallu had been his partner in cultivation during these years; that on 6th March 1900 Hirya sold the northern half of the field, i. e., No. 4/1 now in suit to Wallu by an unregistered sale-deed and that Wallu has been in continuous possession thereof ever since. As regards field 76, Ukandya had cultivated it before 1894, in which year he gave half if it viz., No. 76/1, to Wallu to cultivate and the latter has held it ever since. We are not concerned in this appeal with field 76/1.

(3.) PLAINTIFF not being held to have proved that he only leased field 4/1 to defendant 1 in 1899, the Subordinate Judge was of opinion that he came into possession of the field before 1899, it being sold to him by Hirya and he thus acquired title from him.