Judgement

Appeal and cross-appeals, consolidated, from a judgment and decree of the High Court (April 16, 1909) affirming, as to the principal appeal, a judgment and decree of the District Judge of Ahmedabad (November 80, 1907).

The appeals related to the nature of the tenure of certain kasbatis of a village in pargana Viramgam in the Ahmedabad district.

The facts appear from the judgment of their Lordships. By an order dated January 27, 1898, the taluqdari Settlement Officer directed the respondent Rajbai, the daughter of one Bapabhai, and Nandbai, the widow of one Fatumyia, to deliver up possession of the village in question, of which Bapabhai and Fatumyia had been kasbatis. The order was made in consequence of the view of the Government of Bombay that the kasbatis were merely lessees from the Government and that the direct heirs of the holders had from time to time been granted pattas by favour of the Government, and not in recognition of any right.

The respondent Rajbai and Nandbai, since deceased, instituted the suit in 1898 praying for a declaration that they were “entitled to hold possession and vahivat of the village and to enjoy the same."

The District Judge held that the