DEOLIA Vs. RAJE JANARDHAN SHRINIWAS

JUDGEMENT

(1.) THIS is an appeal against the decision of the Special Additional District Judge in Civil Appeal No.205 of 1924,. arising out of Suit No. 103 of 1919 filed by the plaintiff-respondents against defendants Deoba, Dajiba and Raoji for their ejectment from fields bearing 26 and 27 respectively known as Piplacba and Malacha, situate at Kasba Warrah Jahagir of which they are the jahagirdars.

(2.) THE first Court decreed the plaintiffs' claim for ejectment and mesne profits on the ground that the defendants The first Court decreed the plaintiffs' claim for ejectment and mesne profits on the ground that the defendants <WERE

(3.) IN this view of the case the first Court does not appear to have considered the further pleas of these defendants that they were tenants of antiquity. The Special Additional District Judge concurred with the first Court and found that the defendants and their predecessors-in-title held the fields in suit under annual leases referred to above. With regard to the plea of their being tenants of antiquity, he observed that the fact that they gave annual kabuliyats in more recent years gave a direct lie to their story on the point. After making an assumption that they were tenants of antiquity prior to 1901, he proceeded to hold that that character would be deemed to have been lost by reason of the fresh agreements entered into by them from 1901 to 1905.