Jadunath Singh vs Hanuman Singh - 1931 Supreme(All) 107

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(All) 107

BENNET
Jadunath Singh – Appellant
Versus
Hanuman Singh – Respondent

JUDGMENT

Bennet, J. - These are two appeals by the plaintiff and one appeal by-certain defendants against an order in first appeal by the learned District Judge of Allahabad in a suit for profits by the plaintiff. There were originally two suits, one in regard to Mahal Bhagwant Singh and one in regard to Mahal Sheozor Singh. The plaintiff is a cosharer in these mahals and he is not in possession of any area of sir and khudkasht and he has not been receiving any rents or profits for the years in suit. In Mahal Bhagwant Singh there are 45 defendants and it is found that these defendants are in possession of different areas of sir and khudkasht some of which they cultivate and some of which they sublet to subtenants. There is also in this mahal about 10 bighas of land which is let to non-occupancy tenants. The Court of first instance decreed the suit of the plaintiff granting him a decree in Mahal Bhagwant Singh for Rs. 572-13-8 as his share of profits assigning different amounts as due from different defendants according as the Court of first instance hold in the statements A and B that different defendants had cultivated more than their share. In Mahal Sheozor Singh a sum of Rs. 248-

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