Allahabad Court September 1911 Judgments

Jagannath Prasad Vs. Badri Prasad and ors.

Court: Allahabad

Reported in: (1912)ILR34All113

H.G. Richards, C.J. and Banerji, J.1. This appeal arises out of a suit in which the plaintiff claimed a declaration that he was entitled to continue in possession of a plot of land in the abadi and that the defendants had no right to interfere with his building a wall. The court of first instance decreed the suit. The lower appellate court affirmed that decree. On appeal to this Court, however, the decrees of the lower courts were set aside and the plaintiff's suit dismissed. The findings of the lower appellate court, which are binding upon us, are quoted in the judgment of the learned Judge of this Court as follows:I find that the land in suit is part of the abadi of mauza Sisolar, which consists of three mahals, and that this abadi has not been divided between the mahals by demarcation on the village map or on the spot, but that the owners of the mahals have been in separate possession of portions of it and that the plaintiff has been in possession of the land in suit. 2. The clear m...