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1869 Supreme(SC) 5

LORD CHELMSFORD, SIR JAMES WILLIAM COLVILE, SIR JOSEPH NAPIER
RAJAH SAHIB PERHLAD SEIN – Appellant
Versus
RUN BAHADOOR SINGH, – Respondent


Advocates:
Privy Councillor,- Assessor —The Right Hon. Sir Lawrence Peel.

Judgement

This, which was the fourth case, was an appeal from a decree of the High Court, made by Sir Charles Jackson and Justice Kemp, the presiding Judges, affirming a decree of the Principal Sudder, Ameen of Zillah Sarun, which dismissed the suit of the Appellant,, on the ground of being barred by the expiration of the twelve years period of limitation.

The suit was brought to recover possession of two mouzahs, Gokla and Kullan Belonnia, situate within the Appellants Raj or zemindary of Ramnuggur, against the Respondents, with mesne profits, and to set aside two Deeds, the first called a Bekhbarut pottah, and the second a Sudruth puttur, dated in 1843-4, which had been set up by the Defendants, the Respondents, as the title Deeds under which they claimed to be in possession of the mouzahs, and as giving an hereditary title, at a fixed rent. These instruments, on which the title and possession of the Defendants rested, were in

4 12 M.I.A. 289 ( 1867- 1869)

Rajah Sahib Perhlad Sein V. Run Bahadoor Singh 15

the plaint charged to be fabricated and forged, and it was also stated that evidence in disproof of these alleged Deeds, and to prove collusion, would be adduced on the part of th




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