MANBODH vs HIRASAI - 1926 Supreme(Nagpur) 4

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(Nagpur) 4

HALLIFAX
MANBODH – Appellant
Versus
HIRASAI – Respondent

Advocates Appeared:
J Sen, J G Ghosh, Advocates

JUDGMENT

Hallifax—The learned Judge of the lower appellate Court has correctly stated the only point for decision in this case, which is this. When the defendants' grandfather first took the land from the malguzar more than fifty years ago, did the malguzar say to him:

I give you that land for rent, but instead of paying money you must serve me as a barber, or did he say:

I engage you as a barber for wages, but instead of paying you money I allow you to hold that land rent-free?

2. The learned Judge goes on to hold that the burden of proving that what the malguzar said was the first of these two things lay on the defendants and there is no evidence at all to support that proposition and it must therefore, be, held not proved.

3. There is, however, a good deal of evidence on the point, some of which is mentioned in the judgment of the lower, appellate Court, though the learned Judge regards it as having no bearing op it is of course futile to expect evidence of the actual making of the original contract, but it would be strange if there were none of what its terms must have been in what has happened during the long time it has been in force. The finding of the lower Court on this point i