IMAMUDDIN Vs. ASRAR AHMAD AND ANOTHER

JUDGEMENT

(1.) This is a plaintiffs appeal against the judgment and decree dated 1-8-1966 passed by Temporary Sessions Judge, Jaunpur in Civil Appeal No. 342 of 1964.

(2.) Very briefly stated the case of the appellant was that he was given a right to realise Tahbazari dues from the shopkeepers who used to sell shoes and leather baskets for the purposes of irrigation on the suit land by Janki Prasad and others, zamindars, who had 7 annas share in the concerned Khewat. Habibyar Khan zamindar owned nine annas share in the said khewat. He gave patta/lease to the respondents. On the basis of this lease respondent wanted to make constructions. The appellant brought suit for injunction restraining the respondents from making constructions on the suit land.

(3.) The appellant filed a deed, an unregistered one, by means of which Janki Prasad and others gave rights to realise Tabhazari to him. The respondents contested the suit mainly on the ground that the appellant had no right to sue. The trial court found that the appellant was licensee of the suit land; that he held possessory right over the same and that he had a right to maintain suit against strangers. On these findings the trial court decreed the suit for injunction. The respondent filed Appeal No. 342 of 1964 which was decided by the Temporary Civil and Sessions Judge. It was contended before him that Janki Prasad and others created a lease of immoveable property; that the deed executed by Janki Prasad and others required registration; that as the deed was an un-registered one the appellant did not get any right to bring suit. The lower appellate court held that the deed in question required registration. Therefore, the appellant had no right to sue. On this ground alone the lower appellate court set aside the decree passed by the trial court and dismissed the appellants suit.