KAMPTA PRASAD Vs. RAMSARANSINGH

JUDGEMENT

(1.) THE respondent's claim for compensation for the use and occupation of the four sites in the possession of the appellant has been decreed by Sub-Judge, Janjgir, and the decree has been upheld by the Additional District Judge, Bilaspur, on 16th December 1927.

(2.) THE respondent had based his claim for compensation for use and occupation, in case it was found that there was no agreement to pay rent. Nothing was stated why the respondent could not claim rent, though he failed to prove the agreement. Non-payment of rent for a long period will not raise. an ineluctable presumption that the appellant held the plots under a rent-free grant.