Judgement

Consolidated Appeal (No. 110 of 1921) by special leave from a judgment and decrees of the Court of the Judicial Commissioner (July 20, 1915) affirming decrees of the District Judge of Gonda, which affirmed decrees of the Munsif of Utraula.

The appeal arose out of suits instituted by the respondents against the appellant in 1913, each plaint praying for a declaration that the plaintiff was an under-proprietor of land in Oudh of which he was in possession. The plaint in each case alleged that after the cancellation of a notice of ejectment in 1893 the plaintiff had continued in possession for more than twelve years on the basis of under-proprietary

Law Rep. 50 Ind. App. 202 ( 1922- 1923) Mohammad Mumtaz Ali Khan V. Mohan Singh

rights, and the defendant (the taluqdar) had not sued for a declaration that the plaintiffs right was merely that of a simple tenant. The facts appear from the judgment of the Judicial Committee.

The trial judge, the Munsif, held that the respondents originally were not under-proprietors, but that they had become so by prescription or limitation. He made declarations as prayed; the decrees were subsequently affirmed on appeal by the District Court, an