MANSUKH PANACHAND SHAH Vs. TRIKAMBHAI ICHHABHAI PATEL

JUDGEMENT

(1.) The question in this appeal was, whether the defendant-respondent was a permanent or merely an annual tenant of the plaintiff s-appellants. The trial Court held in favour of the plaintiffs-appellants and the District Court in favour of the respondent-defendant. The plaintiffs appeal was summarily dismissed by this Court and the present appeal is under the Letters Patent.

(2.) The question of permanent tenancy, though it is to be decided on facts, is a legal inference from facts and therefore a question of law, which it is open to consider in second appeal: Dhanna Mal V/s. Moti Sagar and Rama V/s. Abdul Rahim .

(3.) The history of the land is as follows: