1. This appeal is by the Defendants. The suit was instituted by the proprietor and lambardar of 'mauza' Bori, tahsil Garchiroli, district Chanda. The suit was for possession of three occupancy fields Nos. 106, 145 and 159. The Plaintiff alleged that the tenant of the field was Ramulu, son of Rajayya Komati. Ramulu died on or about 15-3-1945 without any heirs.

According to the Plaintiff, Ramulu was a Vaishya, cue of the regenerate castes, and was unmarried. He kept as a concubine the first Defendant who is a Naik-Gond by caste and had three sons by her, Defendants 2, 3 and 4. The Plaintiff alleged that the four Defendants had no manner of right to the suit fields. When the Plaintiff's men tried to take possession of the suit fields, they were obstructed unlawfully by the four Defendants and the fifth.

2. It was admitted by the Defendants that Ramulu was Komati by caste. But it was denied, that he was Vaishya or of regenerate class. It was assorted that he was a Shudra. It was admitted that the first Defendant was not married but was in the sole keeping of the deceased Ramulu and was living with him as his wife. The Defendants asserted that the first, Defendant was not a Gond b