Allahabad Court October 1951 Judgments

Bachchu Singh Vs. Harbans Singh

Court: Allahabad

Reported in: AIR1953All213

Beg, J.1. This second appeal arises put of a suit for possession of four pies share in 'haqiat pukhtedari' in village Ahkori, pargana Gwarich, tahsil Tarabganj, on the allegation that this property was held by one Mst. Sukhrani in her capacity as a Hindu widow and that after the death of the said widow the property devolved upon the plaintiff-appellant Bachchu Singh as the nearest reversioner of the last male owner.2. The main defence set up on behalf of the defendant-respondent Harbans Singh was that there was a settlement between the parties to the suit in the year 1932, according to which the plaintiff was entitled to only a half share in the property in suit.3. The trial Court upheld the plea of the defendant-respondent and decreed the plaintiffs suit for possession to the extent of two pies share and dismissed it in respect of the remaining two pies share in the property in dispute.4. The plaintiff went up in appeal and the lower appellate court upheld the judgment and decree of t...