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1958 Supreme(All) 51

D.N.ROY, B.DAYAL
LALA KISHUN CHAND – Appellant
Versus
SHEO DUTTA – Respondent


Advocates Appeared:
B.K.Katju, S.N.VARMA

D. N. ROY, J.


( 1 ) THIS is a special appeal by the defendant against a judgment of a learned single Judge of this court who dismissed a second appeal, affirming the decision of the courts below decreeing the plaintiffs, suit for possession over certain land. The land belongs to the Government and is nazul. The management thereof vested in the Notified Area of the Bindki Board. The land was taken by the defendant initially on 17-1-1922, for a period of 1 1/2 years under an ikrarnama executed by the defendant. Certain rent was reserved and the defendant was granted the right to any on shop business over the land and to make a structure of a transitory character which he was to remove at the time of the expiry of the term. On 13-3-1925, a fresh ikrarnama was executed by the defendant for a term of 41/2 years. That term expired sometime in September, 1929. The defendant was, however, permitted by the board to continue in occupation of the land as a tenant and rent used to be realised from him. On 3-6-1939, the District Magistrate of Fatehpur by a letter Ex. 3 informed the President of the notified Area that the lease in favour of the defendant might continue for another five years. Th










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