Jaint Singh vs Nand Ram - 1937 Supreme(All) 17

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(All) 17

BAJPAI
Jaint Singh – Appellant
Versus
Nand Ram – Respondent

JUDGMENT

Bajpai, J. - This is an appeal by the defendants and arises out of a suit brought] by the plaintiffs for a declaration that mauza Khururi, a village in Kumaun, wad a pucca khaikari village. The appeal came up for hearing before a Bench of this Court on 24th February 1937 when we remitted certain issues to the lower Appellate Court under Order 41, Rule 25, Civil P.C. That Court has returned its findings and objections have been taken to those findings by learned Counsel for the plaintiffs-respondents.

2. Before we discuss the findings and the objections taken to them, it is necessary to state in some detail the nature of the tenure with which we are concerned in the present case. In our former order, quoting from Stowell's Manual of the Land Tenures of the Kumaun Division, we pointed out that there were two distinct tenures which have unfortunately been called by the same name "khaikari" in Kumaun, One class of tenure is what may be called the under, proprietary khaikari, that is pucca khaikari, and the other, the occupancy khaikari or kaohoha khaikari. The first class consists of ex. proprietors who have still got under-proprietary interests in the land and are superior to o

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