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SINHA, HIDAYATULLAH
SURENDRASINGH INDERSINGH – Appellant
Versus
PHIROZSHAH BAIRAMJI – Respondent
1. This is a Letters Patent Appeal against the decision of Bose J. (as he then was). The present Appellants represent the Plaintiff Indersingh, who died during the pendency of the Letters Patent Appeal.
2. The dispute is with respect to certain sindi trees standing on two survey numbers in mouza Jamli Kalan of Khandwa tahsil. One of these fields, survey No. 128, is malik-mak-buza, while the other survey No. 127 is occupancy. The fight is between the Plaintiff and Phirozshah, the first Respondent, who is the malguzar-lambardar of mouza Jamli and who claims a right to the toddy drawn from these trees.
3. In the year 1940 the Plaintiff avers, this Phirozshah gave a licence to Respondent 2 to extract toddy from these sindi trees, which is number 51. According to the Plaintiff, he is entitled to extract this toddy from the sindi trees standing on the malik-makbuza land by virtue of his title to those trees and from the trees standing on the occupancy field by virtue of the village wajib-ul-arz read with Section 95 of the Central Provinces Tenancy Act.
4. The two Respondents as Defendants have made similar statements. The fight is obviously carried on by Phirozshah, the first Respon
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