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1934 Supreme(All) 429

C. J, SULAIMAN
Kanta Tewari – Appellant
Versus
Sheo Narain Lal – Respondent


JUDGMENT

Sulaiman, C.J. - This is a defendant's appeal arising out of a suit for possession of land, removal of certain constructions put upon it by the defendants and for damages and induction. The first Court dismissed the plaintiffs' claim; but on appeal the lower appellate Court has decreed it. Its findings are unfortunately not so categorical as they ought to have been, but there is no doubt that what the learned Judge has found is that the land in dispute has been used by the plaintiffs as their Court yard (Sahan darwaza). They had possession over it by having cattle troughs (churnies) and a platform, (chabutra) at this spot; and that the defendants had no possession over the land at all.

2. Learned advocate for the defendants-appellants relied strongly on the case of Manbahal Rai v. Ram Ghulam Pandey 1927 All. 633, and contends that the plaintiffs being mere licensees have no right to maintain this action in their own name. In the case of Manbahal Rai v. Ram Ghulam Pandey 1927 All. 633, decided by a learned Judge of this Court it was assumed that the right of the plaintiff was based entirely on a bare licence and that there had been no licence coupled with the grant. It is pos

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