Tika Ram vs Dubo Shib Lal - 1923 Supreme(All) 109

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(All) 109

GOKUL PRASAD
Tika Ram – Appellant
Versus
Dubo Shib Lal – Respondent

JUDGMENT

Gokul Prasad, J. - The point raised in this appeal is a very short one. This was a suit for profits for 1323 to 1325 Fasli and the plaintiff claimed profits on a share of 13 1/3 biswansis in an eleven biswa mahal. The defendant's contention with which I am concerned was, that the recorded share of the plaintiff was only one-fourth of 6 biswansis 1-7/33 kachwansis out of 20 biswas in the years 1323 and 1324 Fasli. The First Court, after discussing the whole of the evidence, came to the conclusion that the plaintiff was entitled to the extent of the share claimed by him and decreed the claim for Rs. 227-4-3. The defendant went up in appeal, and in discussing the question of the amount of share on which the plaintiff was entitled to his profits the learned Judge has omitted to consider an order passed by the Magistrate and Collector of Pilibhit, dated the 17th of September 1915, that is to say, in the year 1322 Fasli, holding that the plaintiff's separated share was 13 J biswansis in the eleven biswa mahal. I have read this judgment and it does so hold. I cannot understand how the learned Judge has omitted to note this very important document, which was clearly mentioned in th

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