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1936 Supreme(All) 10

Mt. Kulsoomun Nissa – Appellant
Versus
Noor Mohammad alias Sultan Haider – Respondent


JUDGMENT

1. This is a plaintiffs' appeal arising out of a suit brought in the revenue Court for arrears of Government revenue against defendant 1 on the allegation that the plaintiffs were the assignee of the assignee of the Government revenue and were entitled to recover the amount. Originally defendant 2, who was the heir of the original assignee of the Government revenue, had not been impleaded, but later, on his own application, he was made a party to the suit. The fact that the plaintiffs are the representatives of the original assignee of the Government revenue does not appear to have been seriously disputed. There was in any case no specific denial in the written statements. But it was pleaded that the plaintiffs had no right to maintain the suit. Defendant 1 further pleaded that he had in good faith made the payment of the Government revenue to defendant 2, Hakim Shyam Surdar Lal, while the latter denied the plaintiff's right to recover the amount, and also pleaded that the special Government orders, rules and regulations relating to this grant of revenue were against the plaintiffs, and the suit should be struck off. Both the Courts below have dismissed the suit. After the

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