NARSINHA KRISHNAJI Vs. VAMAN VANKATESH DESHPANDE

JUDGEMENT

(1.) The plaintiffs who are the sons of one Vankatrao sued the first three defendants for possession of certain vatan land which they alleged had been leased by, their father by a lease, dated 1872, which was operative only for the period of his life. The plaintiffs were, at the date of the suit, joint with their cousins the sons of Dashrath, Venkatrao's brother, who with Venkatrao had been a joint vatandar of the Deshpande vatan to which the property in suit was attached.

(2.) The first three defendants contended that the lease of 1872 was merely a formal recognition of a perpetual tenancy which had been in existence prior to the date of the Vatan Regulation of 1827 and that, therefore, they were entitled to remain in possession as permanent tenants.

(3.) This argument rested on an allegation of fact which was held by the lower appellate Court to be not proved. This is sufficient in Special Appeal to dispose of the argument.