BISHAN DAYAL Vs. LAKSHMI NARAIN

JUDGEMENT

(1.) THIS appeal by the plaintiff gains( the judgment and decree of the learned Additional Civil Judge of Aligarh arises out of a suit for possession over certain property specified at the foot of the plaint and for recovery of damages and mesne profits past, pendente lite and future.

(2.) THE following pedigree will be of help in understanding the facts of the case:

(3.) IN our view the decree of the court below is perfectly correct and it must be upheld. Learned counsel for the appellant, in the alternative, contended that this court in the appeal arising out of suit No. 348 of 1918 had held that the plaintiffs had an equity of redemption. In this suit out of which the present appeal has arisen, however, the appellant did not seek the relief of redemption. Whether he can do so in future or not is a question upon which we are not called upon to express any opinion. We find no merit in this appeal and it is dismissed with costs. As the appellant filed this appeal as a pauper let a copy of this decree be forwarded to the Collector for the realisation of the court fee payable on the memorandum of appeal.