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1936 Supreme(All) 57

Muhammad Ibrahim Khan – Appellant
Versus
Nazir Ahmad – Respondent


JUDGMENT

Harries, J. - This is a plaintiffs' second appeal against a decree of the lower Appellate Court confirming a decree of the Court of first instance dismissing the plaintiffs' claim. The plaintiff appellants Muhammad Ibrahim Khan and others brought this suit against the defendant-respondents Nazir Ahmad and others to recover a sum of Rs. 135-10-0 as damages for the wrongful reproval of crops from a holding from which the defendants had been ordered to be ejected. The lower Appellate Court came to the conclusion that the crops in question could be cut and removed by the defendants and that being so, dismissed the plaintiffs' claim. It is against that decision that this present appeal has been preferred.

2. The defendants who had been tenants of the plaintiffs had failed to pay the rent due for their holding for some time and consequently the plaintiffs had brought a suit in the Revenue Court for arrears of rent and had obtained a decree for the same. Later, the plaintiffs had taken proceedings under Sections 79 and 80, Agra Tenancy Act, and on November 18, 1929, an order for ejectment of the defendants was passed. On November 29, 1929, the execution Court ordered that an order

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