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Kauleshar Panday Vs. Girdhari Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All338
AppellantKauleshar Panday
RespondentGirdhari Singh and anr.
Excerpt:
.....- civil and revenue courts--declaration that land is plaintiff's sir and defendant a lessee--landholder and tenant. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are.....w. comer petheram, c.j.1. we think that the appeal must be allowed. the suit raises the question whether the land to which the suit relates 19 sir-land. this is land in respect of which no occupancy rights can be created except by contract. the plaintiff contends that he granted a lease of the land to the defendants. the question is, whether the land is sir-land, and the defendants are the plaintiff's lessees. the question whether the defendants are the plaintiff's lessees is a question purely of contract, and is one which is cognizable in the civil courts.
Judgment:

W. Comer Petheram, C.J.

1. We think that the appeal must be allowed. The suit raises the question whether the land to which the suit relates 19 sir-land. This is land in respect of which no occupancy rights can be created except by contract. The plaintiff contends that he granted a lease of the land to the defendants. The question is, whether the land is sir-land, and the defendants are the plaintiff's lessees. The question whether the defendants are the plaintiff's lessees is a question purely of contract, and is one which is cognizable in the Civil Courts.


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