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1938 Supreme(All) 85

IQBAL AHMAD
Mt. Lachhmina Kunwari – Appellant
Versus
Mt. Makfula Kunwari – Respondent


JUDGMENT

Iqbal Ahmad, J. - In the litigation that has culminated in the present appeal the cardinal question at which the parties were at issue related to the validity or otherwise of a perpetual lease dated 23rd December 1921. The lease was with respect to various agricultural plots of land situated is six villages in the district of Ballia. These villages were owned in equal shares by three sets of persons. Rudra Narain Rai, the husband of Lachhmina Kunwari, plaintiff-appellant, was the owner of a one-third share in each of the six villages, whereas the remaining two-third share in those villages was owned in equal shares by persons who are now represented in the present litigation by defendants first and second sets respectively. The plots covered by the lease were in possession of several occupancy tenants, but it is common ground that before the execution of the lease all those tenants except one died without leaving heirs entitled to succeed under the Tenancy Act (Act 2 of 1901). One of the plots covered by the lease was in possession of an occupancy tenant who died leaving one Lachhmi Pande as his heir, and though the plaintiff-appellant claimed possession over that plot as w

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