Dhian Singh vs Deoki Nandan - 1886 Supreme(All) 63

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1886 Supreme(All) 63

MAHMOOD, STRAIGHT
Dhian Singh – Appellant
Versus
Deoki Nandan – Respondent

JUDGMENT

Mahmood, J. - In this case I think it is necessary to recapitulate the essential facts in order to indicate the point of law which we are called upon to determine.

2. The defendant was the owner of a twelve-ganda share of the zamindari 1 interests in a village. Out of that property he, on the 13th September 1883, executed a sale-deed as to an eight-ganda share, which he conveyed to the present plaintiff with all rights appertaining thereto, including sir-lands and sayar items, in consideration of Rs. 800. It appears, as stated by the plaintiff, that the latter, under the sale-deed, obtained possession on the 30th March 1884. It is alleged that after this the defendant ousted the plaintiff, this being the cause of the present suit. The object of the suit was the recovery of possession of the whole property conveyed by the deed, including three plots, Nos. 1021, 1026, and 1039, on the ground that these also were included in and covered by the deed.

3. The Court of First Instance framed two issues as to these plots in reference to a plea by the defendant to the effect that these plots were his sir, and chat he was entitled, u/s 7 of the Rent Act, to hold them as an ex-proprietar

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