Jodha vs Darbari Lal - 1927 Supreme(Oudh) 96

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(Oudh) 96

Jodha – Appellant
Versus
Darbari Lal – Respondent

JUDGMENT

1. This is an appeal arising from a suit in which the plaintiff-respondent claimed possession of a certain holding situate in village Kundwara, belonging to the Nanpara estate. The allegations upon which the plaintiff came into Court were that he had obtained a patta in regard to the land in dispute from the Nanpra estate after the death of one Mt. Kanchana, who was previous tenant of the said land. The plaintiff also claimed a sum of Rs. 200 as damages.

2. The defendant-appellant pleaded that the lease executed by the Nanpara estate in favour of the plaintiff was invalid, because Mt. Kanchana left both her own brother, called Jodha, and also her own husbands' brother, called Sukhai both of whom were her heirs and entitled to succeed to the said holding for five years under Section 48(1) of the Oudh Bent Act 22 of 1886, as amended by Act 4 of 1921, and none of whom had been legally ejected by the Nanpara estate after the death of Mt. Kanchana. The defendant, it appears, held the land in suit as a sub-tenant of Mt. Kanohana and therefore he also pleaded that the plaintiff was not entitled to recover possession since no notice of ejectment had been issued against him either b

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