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1945 Supreme(All) 285

MALIK
Panni Lal – Appellant
Versus
Anant Singh – Respondent


JUDGMENT

Malik, J. - The plaintiff, Panni Lal, brought a suit for possession of a house in the abadi against the defendant, Anant Singh, on the ground that the defendant, Anant Singh, had, without any right, wrongfully dispossessed him in March 1940. The plaintiff's allegations were that there was a house in the abadi which had belonged to one Chita. After the-death of Chita, it came into the possession of his widow and she died about two years back without leaving any issue with the result that the house reverted to the zamindar, the Raja of Tirwa. The Raja of Tirwa decided to auction the house and give it to the highest bidder, but ultimately agreed to accept from the plaintiff the sum of Rs. 75 as malikana dues and give him the house. On 18th January 1940 the plaintiff paid to the Raja Rs. 75. The receipt, Ex. 1, mentions that the payment was "babat malikana makan." After this payment Panni Lal became entitled to enter into possession of the house, to live in it and to rebuild it, if he thought that necessary, and on his death his right of residence could be inherited by his legal heirs and in case he decided to remove the materials he had the right to do so. He may even have acq

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