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Judgment
6 paragraphs · 119 words
1.
We are of opinion that the right to possession arose coincidently with the right to the execution of a conveyance by the defendant. Both rights
are declared u/s 55 of the Transfer of Property Act, and in the case cited in Nathu Valad Pandu v. Bhudu Valad Bhika, I.L.R., 18 B., 537. It is
admitted that the contract of sale created in the purchaser a right of possession. The decision appears to proceed on the peculiar facts of the case.
The District Munsif was, therefore, right in his conclusion.
2.
We must reverse the decree of the District Judge and restore that of the District Munsif. Respondent must pay costs in this and in the lower
appellate Court.