AI Structured Summary
Not yet generated for this judgment
Judgment
Ross, J.—This is an application against an order of the learned District Judge of Monghyr upholding an order of the Munsif of Jamui permitting the opposite party to take away the paddy crop on land which formerly belonged to them but which had been sold in execution of a decree on the 6th of March 1921 and of which delivery of possession had been given on the 31st of July 1922. In Afatoolla Sirdar v. Dwarka Nath Moitry (1879) 4 Cal. 814: 4 C.L.R. 95 it was held that the sale of the tenure would apparently pass all that was growing upon the land, unless the growing crops were excepted by the notification of sale, or else a custom was proved that the outgowing ryot should have the crops, subject to a payment for use and occupation of the land while they remained on the ground. In the present case apparently the opposite party were tenants continuing on the land and any crop that they raised must be taken to have been raised for the benefit of the owner of the land.
The application is allowed and the order of the District Judge is set aside and the crops will be delivered to the petitioner. As the opposite party did not appear there will be no order as to costs.