Judgement

Appeal (No. 116 of 1922) from a judgment and three decrees of the High Court (January 17, 1917) affirming three decrees of the District Judge of Ahmedabad.

The three appellants were by caste or tribe Lamanis or Brinjaris, and each bore the designation " Naik." They brought three separate suits against the respondent, claiming that they had proprietary rights in the taluqas which they held in the Panch Mahals. The respondent contended, in each suit, that the plaintiff and his ancestors were ordinary lessees holding their lands at the pleasure of the Government. The facts appear from the judgment of the Judicial Committee.

The District Judge held that the plaintiffs had not succeeded in showing that their ancestors were proprietors of any of the holdings in question or had had long possession in that character as alleged; in view especially of temporary leases under which they had held the lands he placed the burden of proof upon them. Accordingly he dismissed the suits.

Appeals to the High Court were dismissed.

The learned judges (Scott C.J. and Beaman J.), while agreeing with the principle applied by the trial judge, disposed of the appeals upon the ground that such docum