JUDGMENT

Iqbal Ahmad, J. - This is a defendant's appeal and arises out of a suit for a declaration, that a certain mango tree, that had been cut by the defendant, belonged to the plaintiff and for recovery of Rs. 30 on account of damages for the mango tree so cut. The plaintiff's case was that on the 21st September 1920, he purchased the tree in question from two persons Ganga and Khurbur, who owned that tree, and as such the defendant had no right to misappropriate the timber thereof. The defence to the suit was that the tree in dispute belonged to the defendant, and that in any case the vendors of the plaintiff had not a transferable right in the tree and the sale by them was absolutely void, and that the sale in favour of the plaintiff was fictitious and without consideration.

2. The trial Court held that the sale in favour of the plaintiff was for consideration and that the defendant's allegation that the tree belonged to him and not to the vendors of the plaintiff was not correct. It further held that inasmuch as the vendors of the plaintiff were mere sub-tenants in the village and the tree in dispute was on a parti land the vendors of the plaintiff had no right to sell the tree