SITARAM BHIMAJI DESHPANDE Vs. SADHU AWAJI PARIT

JUDGEMENT

(1.) The plaintiffs brought this suit in 1908 to recover possession of land alleging that in 1899 they had been wrongfully deprived of their possession by Raghunath Ramchandra who and the defendants, who derive title under him, have been in wrongful possession ever since. The defendants pleaded that Raghunath was the owner and that the plaintiffs had been his tenants until they relinquished the property as they could not pay the rent.

(2.) The learned Subordinate Judge raised four issues: 1st whether before 1899 the plaintiffs held the property under the Swami of Chaphal or under Raghunath Ramchandra 2nd whether the plaintiffs gave up possession voluntarily 3rd whether the defendants were entitled to retain possession against the plaintiffs; and 4th as to the mesne profits recoverable by the plaintiffs. His findings were that the plaintiffs held under the Swami of Chaphal and not under Raghunath; that the plaintiffs did not give up the possession voluntarily and that the defendants were not entitled to retain possession against the plaintiffs.

(3.) The Assistant Judge, Mr. Ferrers, in appeal reversed the decision of the Subordinate Judge holding that a tenant who could not prove a right of permanent occupancy, which was the plaintiffs position, could not after eight years recover on the strength of his previous possession. He held that as the plaintiffs had failed to prove title as mirasi tenants they must be presumed to have been tenants from year to year, and that their title being to an annual tenancy had long since expired, for they had withdrawn from the land for eight years. He accordingly allowed the appeal.