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1938 Supreme(Nagpur) 61

LACHHMAN SINGH CHANDER SINGH – Appellant
Versus
MOTISINGH UMEDSINGH – Respondent


JUDGMENT

1. This is an appeal by the plaintiff against a judgment and decree dismissing an appeal from the trial Court's decree which in turn dismissed the plaintiff's claim. The plaintiff sought a declaration that he was entitled to exclusive possession of certain land, alternatively he claimed contribution. In this Court the appellant restricted the matter in dispute to fields Nos. 269 and 270 of mouza Atud. Bhikari. (In the lower Courts those fields the plaintiff had claimed exclusive possession of, alternatively he claimed contribution.) In the result he has been refused any relief. He has even been disallowed a share in those fields. That result has been arrived at on the following facts: The plaintiff and the defendants were co-owners of the village Atud. Bhikari. Defendant 1 was the lambardar. Fields Nos. 269 and 270 were in the possession of a tenant, who we will refer to as X. The plaintiff, though not the lambardar, purported to take a surrender of those fields from X and paid to X the consideration of Rs. 3000. An application was made by the lambardar under Section 13, Tenancy Act, which application ended with an order, dated 19th June 1933 putting the lambardar in posses







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