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Bhagwan Singh and anr. Vs. Murli Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All459
AppellantBhagwan Singh and anr.
RespondentMurli Singh and anr.
Excerpt:
act xviii of 1873 (north-western provinces rent act), section 7 - exproprietaty tenant--sir land--mmortgage of proproetary rights in a mahal. - .....defendants is expressed in bighas of which they are in possession and which they cultivate. these they have mortgaged to the plaintiffs, covenanting to give possession of the same for the purpose of cultivation and the payment of government revenue. they can redeem the land in any year in jaith. section 7 of the rent act does not appear to apply to this case. the defendants have not lost or parted with their proprietary rights, attached to which is a certain proportion of sir land, of which they might claim, under section 7 of act xviii of 1873, a right of occupancy as exproprietary tenants. the section not only contemplates something move than a mere temporary transfer of proprietary rights, hut in the particular case before us the lands in the occupation of the share-holders are the.....
Judgment:

Spankie, J.

1. We understand that the shave of the defendants is expressed in bighas of which they are in possession and which they cultivate. These they have mortgaged to the plaintiffs, covenanting to give possession of the same for the purpose of cultivation and the payment of Government revenue. They can redeem the land in any year in Jaith. Section 7 of the Rent Act does not appear to apply to this case. The defendants have not lost or parted with their proprietary rights, attached to which is a certain proportion of sir land, of which they might claim, under Section 7 of Act XVIII of 1873, a right of occupancy as exproprietary tenants. The section not only contemplates something move than a mere temporary transfer of proprietary rights, hut in the particular case before us the lands in the occupation of the share-holders are the measure of each man's share, and the lands of the defendants are the subject of the mortgage. The plaintiffs are entitled to a decree as claimed.


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