MANSA RAM Vs. MOHAMMAD HUSAIN

JUDGEMENT

(1.) The plaintiff of the first Court is the appellant here. He is the zamindar and defendants 1 to 3 are his exproprietary tenants. Defendant 4 is a sub-lessee from defendants 1 to 3. The suit was brought for the ejectment of the defendants on the ground that the tenants were using the land for a purpose which was inconsistent with agriculture. Defendant 4 has a ginning and pressing factory and they have been given this land for the purpose of collecting and spreading cotton and they have been using it for the same purpose.

(2.) The defence was that the land had been in use of defendant 4, for the present purposes, for several years and the suit was barred by limitation.

(3.) The Court of first instance dismissed the suit on the ground of limitation but the learned District Judge set aside this finding. He was of opinion that a fresh lease which was granted to defendant 4 in July 1924, gave a fresh cause of action to the plaintiff. The learned Judge however, gave defendants 1 to 3 the benefit of Section 66, N.W.P. Tenancy Act.