LAKHAMGOWDA BASAVAPRABHU Vs. APPANNA BASAPRABHU ITI

JUDGEMENT

(1.) This is an appeal from a decree of the High Court at Bombay reversing a decree of the Subordinate Judge of Belgaum and dismissing a suit brought by the plaintiff, the Desai of Vantmuri, to eject the defendants from certain lands held by them on service tenure in the village of Nagannanoli in case of their not agreeing to render to the plaintiff the services claimed from them, and also for damages.

(2.) The important office of Desai had formerly been hereditary in the plaintiff's family; and Nagannanoli, one of the villages which had formed the watan or endowment of the office, had been confirmed to them in inam by the British Government after the office and its duties had ceased to exist.

(3.) According to the plaint, the plaintiff's inam lands in the village included three parcels, A, B, C, containing 7 1/2 bighas, 3 3/4 bighas and 7 1/2 bighas respectively, of which A and B had been granted by the plaintiff's ancestor to one Shivappa Iti in Fasli 1180(1769-70) and C had been granted to his son, Appanna Bhimanna Iti, in Fasli 1247 (1836-7) for badal mushahira, or stipend in land for the services they might be called on to render in the desgat, or desai's district. The defendants family had, it was alleged, continuously rendered service as a peon and a shagirti, or attender, until August, 1917, since which time, on the evil advice of the plaintiff's enemies, they had ceased to do him service.