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Jhinguri Tewari and ors. Vs. Durga and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All878
AppellantJhinguri Tewari and ors.
RespondentDurga and ors.
Excerpt:
act xviii of 1873 (n.w.p. rent act), section 9 - sale of occupancy-rights with zamindar's consent--acceptance of rent by jamindar from vendees--act ix of 1872 (contract act), sections 2, 23--estoppel--act i of 1872 (evidence act), sections 115, 116. - w. comer petheram, c.j., straight, brodhurst and tyrrell, jj.1. the order we propose to pass in this case is that proposed by mr. justice mahmood, namely, that the decree of the lower appellate court should be dismissed so far as the claim for ejectment is concerned, leaving the plaintiff to his proper remedy in the revenue court.'2. the reasons for this order have been so fully explained in the judgment of mr. justice mahmood, that it unnecessary for us to say more than that we agree with him.
Judgment:

W. Comer Petheram, C.J., Straight, Brodhurst and Tyrrell, JJ.

1. The order we propose to pass in this case is that proposed by Mr. Justice Mahmood, namely, that the decree of the Lower Appellate Court should be dismissed so far as the claim for ejectment is concerned, leaving the plaintiff to his proper remedy in the Revenue Court.'

2. The reasons for this order have been so fully explained in the judgment of Mr. Justice Mahmood, that it unnecessary for us to say more than that we agree with him.


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