GANPATI Vs. VITHAL

JUDGEMENT

(1.) THE respondent Vithal, who is the malguzar of Chora in the Warora tahsil, sued four members of a joint Hindu family for payment of " grazing dues " for three years. It was agreed that, if the defendants are liable to pay anything for grazing their cattle, the proper amounts are Rs. 10 for their agricultural cattle and Rs. 20 for the rest. The decree of the first Court ordered them to pay Rs. 20 and both parties appealed. On the plaintiff's appeal it was found that the amount due to him was Rs. 30 and the defendants' appeal was dismissed.

(2.) THE present appeal against the dismissal of the defendants' appeal is filed by the defendant 2 Ganpati alone. It relates only to the Rs. 20 allowed for the non-agricultural cattle, the liability for which was admitted. But all the defendants together filed at the same time another appeal (S.A. No. 186 of 1926) against the decree allowing the plaintiff's appeal, that is to say, against the finding that they have to pay for their agricultural cattle, the proper amount for that being admittedly Rs. 10. That question will be considered in this judgment.

(3.) THE part of Clause 10 of the wajib-ul-arz on which the defendants base their claim to free grazing with the other inhabitants of the village runs as follows: Agriculturists will be permitted to exercise, free of charge or hindrance, their rights of grazing agricultural cattle on the waste.... The term agriculturist' comprises all who make a living from a direct connexion with agriculture, and in it are included not only tenants but also agricultural labourers.