High CourtsDivision Bench(1885) 01 AHC CK 0021

Kauleshar Panday vs Girdhari Singh and Another

Allahabad High Court · Decided on 12 January 1885 · Citation: (1885) ILR (All) 338

HON’BLE JUDGES
W. Comer Petheram, C.J · Brodhurst, J
RESULT
Allowed

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Judgment

1 paragraphs · 96 words

W. Comer Petheram, C.J.—We think that the appeal must be allowed. The suit raises the question whether the land to which the suit relates 19 sir-land. This is land in respect of which no occupancy rights can be created except by contract. The plaintiff contends that he granted a lease of the land to the defendants. The question is, whether the land is sir-land, and the defendants are the plaintiff''s lessees. The question whether the defendants are the plaintiff''s lessees is a question purely of contract, and is one which is cognizable in the Civil Courts.