JIJIBHAI LALDAS Vs. NAGJI GULAB

JUDGEMENT

(1.) On the 23 of May 1904, the plaintiff who was in possession of certain Bhagdari land entered into an agreement with the defendant that the defendant should hold the land for 199 years on lease in consideration of a lump sum of Rs. 299 paid in advance and agreed that should any obstruction or hindrance be caused to the defendant's enjoyment of the land or should the same be taken away from his possession, then he had authority to recover his money, from the plaintiff personally.

(2.) The defendant in pursuance of the agreement entered into possession of the land. After two years the plaintiff changed his mind and coming to the conclusion that he Would like to take his land back again, sued the defendant for possession on the ground that the so-called lease was an unlawful alienation prohibited by the terms of Section 3 of the Bhagdari Act (Bombay Act) V of 1862.

(3.) It has been held by the lower appellate Court that the lease is an unlawful alienation prohibited by the Act, and in that conclusion we agree.