CHHOTKAN KUTMI Vs. RAM DEO SAHU

JUDGEMENT

(1.) The respondents instituted the suit out of which this appeal has arisen against the appellant on the ground that they have erected a building on a piece of vacant land within the zemindari of the plaintiffs and without their permission The prayer was that the plaintiffs should be restored to possession after demolition of the constructions.

(2.) The defence, as usual in these cases, was that the construction was very old and the plaintiffs were estopped from maintaining the suit evidently on the ground that the building was old. There is also a plea that the land was appurtenant to the holding. Both the Courts have decreed the suit. They have however, found that the land, being in front of the defendant's house, was used by him for agricultural purposes, e.g., tying of cattle and so forth.

(3.) In this Court it has been contended that the land being a part of the holding the defendant was entitled to improve it by erecting buildings, as provided by Clause (12), Sub-clause (d), Section 4 of the Agra Tenancy Act of 1901.