Bodhan Defendant No. 1 v. Sri Bhundal Singh - 1965 Supreme(Online)(All) 26

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1965 Supreme(Online)(All) 26

ALLAHABAD HIGH COURT
,
Bodhan Defendant No. 1 v. Sri Bhundal Singh

Advocates:
For the Appellants/Petitioners: []
For the Respondents: []

Table of Content
1. introduction to case background and parties involved. (Para 1)
2. court's rejection of jurisdiction claims. (Para 2)
3. analysis of occupancy transfer and mortgage affect. (Para 3 , 4 , 5)
4. discussion on estoppel applicable to mortgagees and licensees. (Para 6)
5. conclusion on rights and outcomes of the appeals. (Para 10 , 11 , 12)

1. These two connected second appeals arise out of two connected suits (suit Nos. 3 and 4 of 1951) filed in the civil court for possession over certain plots of agricultural land. Bhundal Singh and Badri Singh, sons of Dalip Singh were plaintiffs in both the suits, while Bodhan and Ramapati were defendants in suit No. 4 of 1951 and a Sumiran and Bodhan were defendants in suit No. 3 of 1951. In both the suits it was alleged by the plaintiffs that Smt. Rajjo, an occupancy tenant of the disputed plots, executed a deed of gift in favour of Dalip Singh, father of the plaintiffs, on 2nd October 1888, and Dalip Singh entered into possession under it. On 15th May 1915 Dalip Singh mortgaged with possession by means of a deed of mortgage the plots involved in suit No. 3 of 1951 Ram Bharos who is dead and is now represented by his son Bodhan defend