DEVAJI Vs. GOVIND

JUDGEMENT

(1.) THE land in dispute, which was an occupancy holding till the beginning of the year 1919, is situated in the village of Talni. The plaintiffs, Govinda Teli and his two brothers, own a four-anna share in the village, but live at Vichora eleven or twelve miles away. The first defendant is their uncle Devaji Teli, who owns a four-anna share in Talni and lives there and is the lambardar of the village. The remaining eight-anna share belongs to Tatyaji Kunbi who also lives at Talni; he was the second defendant in the suit and a respondent in the lower appellate Court, but he remained absent throughout and has now dropped out of the case. His connexion with the matters in dispute is not without importance but has been left out of sight.

(2.) ON the 15th of April 1919 Devaji and Tatyaji jointly bought up the occupancy holding for Rs. 1,100. The deed executed in their favour was registered, and it contains the untrue statement that the sum paid was Rs. 2,000. The land was divided between the two defendants and each cultivated a half of it during the next three agricultural years, in each of which it was recorded as their separately held khudkasht. The plaintiffs were aware of the transfer within two months after it took place, but did nothing for three years. On the 2nd of August 1922 they filed the plaint in the present suit, claiming possession of a joint quarter share in the land. It was found that the Court in which they filed the plaint had no jurisdiction in the suit, and the plaint was returned to them on the 21st of April 1923 for proper presentation. They then waited nearly another year and presented the same plaint on the 22nd of February 1924 in the Court which eventually tried the suit.

(3.) UNDER these circumstances it is impossible that any member of the proprietary body can set aside its own agreement, except on the ground of fraud. But the plaintiffs here have ratified the action of their Agent, not only by doing nothing for three years, but also by accepting at the end of each of those years, as they presumably did, the debit of some payment against each of the defendants in respect of this land in the village accounts.