High CourtsDivision Bench(1923) 01 AHC CK 0002

Sahu Bisheshar Nath and Another vs Abdul Wahid

Allahabad High Court · Decided on 9 January 1923 · Citation: AIR 1923 All 382 : 75 Ind. Cas. 672

HON’BLE JUDGES
Ryves, J · Daniels, J

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Judgment

3 paragraphs · 131 words
1.

This was a suit for possession of a house situated in the town of Bijnor of which the plaintiff is zemindar. The plaintiff''s'' case was that the house was occupied by the defendant''s father as tenant.

2.

The defendant''s case was that his father occupied it adversely.

3.

The lower Appellate Court finds that the defendant''s father occupied the house adversely more than twelve years before the suit. This finding is fatal to the appeal. The ruling; in Jai Chand v. Girwar Singh 52 Ind. Cas. 366 : 41 A. 669 : 17 A.L.J. 814 which has been referred to, does not apply to the facts of this case. The appeal fails and we accordingly dismiss it. We make no order as to costs as the respondent is not represented.