LAWS(ALL)-1933-10-22

MAN SINGH Vs. JAGAT NARAIN AND ANR

Decided On October 24, 1933
MAN SINGH Appellant
V/S
Jagat Narain And Anr Respondents

JUDGEMENT

(1.) This appeal is on behalf of one of the plaintiffs and arises out of a suit instituted in the Revenue Court for the ejectment of the first three defendants.

(2.) The allegation in the plaint was that defendants 1 and 2 held the land in suit with trees thereon as grove-holders but in contravention of the purpose for which the land was let out to them, they allowed defendant 3 to erect a building on the land.

(3.) The defence was manifold, but the principal points were taken that defendants 1 and 2 were proprietors of the land having purchased it at an auction-sale; that they erected several buildings thereon; that under a custom they were entitled to. erect buildings and that the suit was barred by limitation, inasmuch as the building complained of had existed for fifteen months prior to the institution of the suit.