Judgement

Appeal (No. 6 of 1923) from a decree of the Court of the Judicial Commissioner (April 25, 1916) reversing a decree of the Subordinate Judge of Fyzabad.

The suit was brought by the appellants claiming against the defendants possession, with mesne profits, of a share in a village in Oudh. The first respondent, the only defendant who contested the suit, pleaded by her written statement that under a deed of compromise dated May 27, 1878, she was lawfully in possession as an under-proprietor; further, that the plaintiffs were estopped from denying that she had an under-proprietors rights.

The facts are stated in the judgment of the Judicial Committee.

The Subordinate Judge made a decree for possession, but without mesne profits.

Upon appeal to the Court of the Judicial Commissioner the decree was reversed, it being held that the plaintiffs having received rent were estopped from denying that the first defendant had an under-proprietors right, and that the plaintiffs had waived their rights.

1924. June 20. De Gruyther K.C. and E. B. Raikes for the appellants.

Dube for the first respondent.

In addition to the case mentioned in the judgment reference was made to Beni Pershad Koer