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1906 Supreme(All) 273

STANLEY, RUSTOMJEE
Bhadder – Appellant
Versus
Khair-Ud-Din Husain – Respondent


JUDGMENT :

STANLEY, C.J.:— I agree in the conclusion at which my brother RUSTOMJEE has arrived. The question before us, it appears to me, must he determined upon the proper inferences to he drawn from the facts which are not in dispute. It is admitted that the site of the house in dispute lies within the ambit of the plaintiff's zamindari. It is also admitted that the house was built many years ago and that neither the owner of it nor any of his predecessors in title ever paid any rent for it, nor gave any acknowledgment of his title to the zamindar, nor carried on any trade, such as that of carpenter, blacsmith, & c. for the carrying on of which sites in the abadi of a village are usually granted by the zamindar free of rent. It is also admitted that the property lies within the Municipal limits of the city of Allahabad. It seems to me that the reasonable presumption from the long uninterrupted possession and enjoyment of the property by Bhola and his predecessors in title is, that they acquired the absolute ownership of the site. If they did not acquire it by a grant from the zamindar, they have acquired it by adverse possession. I would further point out that if we may presume th

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