MOHAMAD ALIMULLAKHAN MOHAMED NURULLAKHAN Vs. MARUTI JANU

JUDGEMENT

(1.) THIS is a plaintiff's appeal.

(2.) THE plaintiff is the jahagirdar of the village in which the land in suit is situate. The defendant is his tenant. The plaintiff seeks to evict the defendant on the ground that the defendant is an annual tenant who has not paid his rent for 10 years, namely, from 1930-81 to 1939-40 inclusive. The notice required by Section 74(2), Berar Land Revenue Code, has been given.

(3.) THE second condition laid down by Section 72 is that the tenant should have held for the period specified above "on a rent equal in amount to the fair assessment." Both the lower Courts have found that the defendant has not so held. They find that the defendant has been paying a higher rent than the assessed rent over a period of years. But according to them, this was done through ignorance and not because the defendant accepted the position of an annual tenant. This finding, so far as the latter part of it is concerned, Cannot be accepted.