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Munna Lal Vs. Fateh Singh and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1917All402(2); 39Ind.Cas.958
AppellantMunna Lal
RespondentFateh Singh and ors.
Excerpt:
agra tenancy act (ii of 1901), section 177, clause (e), 195 - jurisdiction, conflict of--question of proprietary title in issue--appeal. - 1. this is one of four connected appeals which have been referred to us under section 195 of local act' ii of 1901. from the order of reference and also from what has been said to us on behalf of the appellant, we find that they are all of them appeals from suits in which a question of proprietary title has been in issue in the court of first instance and on appeals being preferred, the opposite party has expressed his intention of supporting the judgment of the court of first instance on matters which raise a question of proprietary title in the appeals also.2. section 177, clause (e), is conclusive on the point and we order the lower appellate court to proceed with the appeal and try it according to law
Judgment:

1. This is one of four connected appeals which have been referred to us under Section 195 of Local Act' II of 1901. From the order of reference and also from what has been said to us on behalf of the appellant, we find that they are all of them appeals from suits in which a question of proprietary title has been in issue in the Court of first instance and on appeals being preferred, the opposite party has expressed his intention of supporting the judgment of the Court of first instance on matters which raise a question of proprietary title in the appeals also.

2. Section 177, Clause (e), is conclusive on the point and we order the lower Appellate Court to proceed with the appeal and try it according to law


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