BRIJ NARAIN MAN TEWARI Vs. MTMOTIRANI

JUDGEMENT

(1.) The defendant is the appellant before this Court. The history of the case briefly is this:

(2.) One Jaisri was an occupancy tenant of the plaintiff-respondents. The latter obtained a decree for arrears of rent against Jaisri in respect of a holding which comprised the plot 1710. The arrears of rent not having been paid, an application was made for ejectment of Jaisri from his holding. Opportunities were granted from time to time to Jaisri to pay up, but ultimately he failed to pay and on 21st October 1918 Jaisri was formally ejected from his holding. On plot 1710 there stood 9 trees. This plot had been, attached in execution of a simple money decree obtained by the defendant against Jaisri. The defendant brought this plot to sale on 24 July 1918 and purchased it himself. He obtained possession through the execution Court on 4 May 1919, i.e., much after the plaintiffs had been put in possession of the land.

(3.) The plaintiffs came to Court on the allegation that the defendant had unlawfully appropriated the fruits of the trees standing on plot 1710 and they accordingly sued for a declaration of title and recovery of damages, namely the value of the fruits.