BHULKOO GHASLYA Vs. MT. HIRIYABAI

JUDGEMENT

(1.) THIS is a plaintiff's appeal and arises out of a suit for possession and mesne profits of certain fields situate at mouza Renga Kathera in Drug tahsil. The claim was decreed by the trial Court, but, on appeal, the decree of the trial Court was set aside and the plaintiff's suit wag dismissed. Hence this appeal by the plaintiff.

(2.) ONE Dhimar is an occupancy tenant of seven plots with an acreage of 8.5 acres, rental Rs. 5 8-0, situate at mouza Renga Kathera. The holding included plots Nos. 108 and 176. Exhibit D-1 is a chakbandi patta which was granted to Dhimar by the consolidation officer and it was to come into force from 1st June 1937. Dhimar sold nearly half of his holding, area 431 acres, rental Rs. 212 0 for Rs. 165 to Mt. Hiriyabai (defendant), who is the lambardar of the village, under a sale-deed (Ex. D-2), dated 14th March 1940. Plots Nos. 108/1, area 0.52 and 176/1, area 0 43, were some of the plots sold to Hiriyabai and they are the plots in dispute. These facts are admitted by the parties.

(3.) THERE is no direct evidence as regards the lease by Hiriyabai to Jhadu. Neither of them has been examined as a witness in the case. Bhulku, the plaintiff, and Sumaru (P.W. 3) refer to the lease, but it is not clear from their evidence whether the lease was granted to Jhadu in their presence. There is, however, sufficient documentary evidence to prove the lease.