HARKISHAN Vs. RAGHBIR SINGH AND ANR.

JUDGEMENT

(1.) HAR Kishan appeals under Section 100, Code of Civil Procedure, 1908, from the decree passed by the District Judge, Hissar, in civil Appeal No. 32 -H of 1947 on 5 -2 -1948.

(2.) THE point in dispute in the present proceedings is whether the decree of the lower appellate Court giving possession of the plot. A B C D to the Plaintiffs can be sustained on the conditions of the wajib -ul -arz prepared in the settlement of 1890 -91. Mr. Jagan Nath Seth contends that inasmuch as the trial Court found issue 2 in favour of the Defendant -Appellant the lower appellate Court was in error in decreeing possession of the plot A B C D without upsetting the finding reached by the trial Court on issue 2.

(3.) THE question that remains for consideration is weather the Defendant was entitled to build the kotha in question under the conditions of the wajib -ul -arz. Condition No. 7 of the wajib -ul -arz prepared in the settlement of 1890 -91 reads :