HAR SARAN DAS Vs. HARBANS SINGH

JUDGEMENT

(1.) The plaintiff zemindar sued for the price of certain trees sold by the defendants. These trees were situated on plot 249. There was also a prayer for an injunction that the defendants may be prevented from cutting down more trees.

(2.) In para. 1 of the plaint the plaintiff described himself as the owner and possessor of the plot while he described defendant 1 at first as an exproprietary tenant of the same plot on behalf of the plaintiff. Subsequently his pleader appears to have seen wisdom, and an amendment was made that defendant 1 was an exproprietary tenant of other plots.

(3.) The lower appellate Court held that the defendant was a tenant of the plaintiff of the plot in suit, and that under a custom recorded in the wajib-ul-arz a tenant was entitled to cut the tress standing on the land within his cultivating occupation. For these reasons the plaintiff's suit was dismissed, and he has come here in second appeal.