Meharban Singh vs Umrai Singh - 1909 Supreme(All) 13

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1909 Supreme(All) 13

ALSTON, RICHARDS
Meharban Singh – Appellant
Versus
Umrai Singh – Respondent

JUDGMENT

Richards, J. - This appeal arises out of a suit u/s 164 of the Tenancy Act. The plaintiffs are admittedly recorded as having the proprietary right entitling them to institute the suit. The Court below, how ever, was of opinion that they were not in possession of the property of which they were recorded as the proprietors and dismissed the suit. Section 201 of the Tenancy Act provides (1) for the case of a plaintiff who is not recorded and (2) for the case of a plaintiff who is recorded. In the case of a plain-tiff who is recorded the section provides that the Court "shall presume" that he has proprietary title according to the record. The effect of this provision has been before this Court for consideration on several occasions. The views which I hold will be found fully set forth in the ruling; Bechan Singh v. Karan Singh 30 AD 447 : A.W.N. (1908) 186 : 5 A.L.J. 495. I am quite satisfied that the Revenue Court before whom a suit comes under the provisions of Chapter XI of the Tenancy Act, where the plaintiff is recorded as having the proprietary right is bound to presume that the plaintiff has such proprietary title and that the Revenue Court is not entitled in that suit t

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