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Suba Bibi Vs. Raghubar Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Judge
Reported in6Ind.Cas.284
AppellantSuba Bibi
RespondentRaghubar Singh and ors.
Excerpt:
mortgage - usufructuary--occupancy holding--relinquishment by mortgagor's representative--mortgagee's suit for declaration that relinquishment was invalid--maintainability of the suit--jurisdiction of civil court. - aikman, j.1. without going into the question whether there was or was not collusion between the two defendants the learned judge held upon the authority, of the rulings cited by him that the plaintiffs are entitled to the declaration they asked for. the rulings cited support the conclusion arrived at by the learned judge and i see no ground for disturbing his decree, i dismiss the appeal with costs including fees on the higher scale.
Judgment:

Aikman, J.

1. Without going into the question whether there was or was not collusion between the two defendants the learned Judge held upon the authority, of the rulings cited by him that the plaintiffs are entitled to the declaration they asked for. The rulings cited support the conclusion arrived at by the learned Judge and I see no ground for disturbing his decree, I dismiss the appeal with costs including fees on the higher scale.


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