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Piran Shah Vs. Salig Ram and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Judge
Reported in5Ind.Cas.267
AppellantPiran Shah
RespondentSalig Ram and ors.
Excerpt:
pre-emption - wajib-ul-arz--construction--variation in the terms of wajib-ul-arzes prepared at settlement and position respectively--custom or contract. - 1. we are of opinion that, the, decision of the learned district judge is correct. he has given reasons for the conclusion at which he arrived, and we think that those reasons are sound. he is supported in his judgment by the decision of a bench of this court, of which one of us was a member, in appeal no. 22 of 1909 under the letters patent, dhanpal v. nand kishore the facts in that case were some-what similar to those in the present case, and the learned judge of this court, from whom the appeal under the letters patent was preferred, concurred with the lower appellate court, giving reasons for the c inclusion at which he arrived which commend themselves to us. we, therefore, dismiss this appeal with, costs including fees in this court on the higher scale.
Judgment:

1. We are of opinion that, the, decision of the learned District Judge is correct. He has given reasons for the conclusion at which he arrived, and we think that those reasons are sound. He is supported in his judgment by the decision of a Bench of this Court, of which one of us was a member, in Appeal No. 22 of 1909 under the Letters Patent, Dhanpal v. Nand Kishore The facts in that case were some-what similar to those in the present case, and the learned Judge of this Court, from whom the appeal under the Letters Patent was preferred, concurred with the lower appellate Court, giving reasons for the c inclusion at which he arrived which commend themselves to us. We, therefore, dismiss this appeal with, costs including fees in this Court on the higher scale.


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