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Bharat Duaj Damodar Das Vs. Mahabbat and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1915All304; 29Ind.Cas.421
AppellantBharat Duaj Damodar Das
RespondentMahabbat and ors.
Excerpt:
appeal - order of record officer, appeal from--jurisdiction. - - that officer held that the plaintiff had failed to prove that the grant was a resumable grant at the pleasure of the grantor; this plea appears to be a good plea and must prevail......of the muafi land. the plaint was instituted, as the description shows, in the court of the record officer, district etawah. the record officer heard the case and passed orders for resumption of the land and the ejectment of the defendants. the defendants went into appeal in the court of the additional district judge, etawah. that officer held that the plaintiff had failed to prove that the grant was a resumable grant at the pleasure of the grantor; further, that the defendants had acquired proprietary rights therein.2. the plaintiff comes in appeal here and says that no appeal lay to the district judge from the order of the record officer. this plea appears to be a good plea and must prevail. the appeal is decreed, but the memorandum of appeal to the lower appellate court will be.....
Judgment:

George Knox, J.

1. The plaint in this case sets out that certain land is held by the defendants as a muafi grant from the zemindar. The plaintiff says that he is no longer willing to allow the land to remain rent-free, and he asks that a decree be passed for recovery of the muafi land. The plaint was instituted, as the description shows, in the Court of the Record Officer, District Etawah. The Record Officer heard the case and passed orders for resumption of the land and the ejectment of the defendants. The defendants went into appeal in the Court of the Additional District Judge, Etawah. That officer held that the plaintiff had failed to prove that the grant was a resumable grant at the pleasure of the grantor; further, that the defendants had acquired proprietary rights therein.

2. The plaintiff comes in appeal here and says that no appeal lay to the District Judge from the order of the Record Officer. This plea appears to be a good plea and must prevail. The appeal is decreed, but the memorandum of appeal to the lower Appellate Court will be sent back to that Court for return to Mahabbat and others, if they apply to the same, in order to be presented to the Court having jurisdiction.


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