RISALDAR RAM SINGH Vs. LABH SINGH

JUDGEMENT

(1.) THIS is a defendant's appeal against an appellate judgment of Mr. Sansar Ghana, Senior subordinate Judge, dated the 13th May, 1949, modifying the decree of the trial Court and thus decreeing the plaintiffs' suit in regard to three-fourths of the land in dispute and dismissing it in regard to one-fourth of the land.

(2.) THE following pedigree-table will assist in understanding the case. BAKHTAWAR ________________________________________|_____________________________________ _______ | | | | bhagwana Baryard alias Sudaman Shyaman Kharka | ________________|______________ | | | | | | Hakam | | Sital Singh Dal Singh Sidha _______|_______ | | D. 9 D. 8. | | | | | Widow Mst. Mansa Rajo D. 6. Hirdo D. 5 | | (D. 7) _______________|_____________ _______________|__________________________________________________ | | | | | | | | Uttam Munabi Udham Singh dalipa Sundru Mansa D. 12. Pohlu D. 11. Babu D. 10 | | | ________________________________________________| | Widow Kishau Devi _____________|_____________ | | | | _____________|___________ balbir Singh Suram Singh Labh Singh | | (They are plaintiffs Nos. 1 to 3) Raulia D. 3. Ram Chand D. 2.

(3.) THREE of the plaintiffs are the sons of Uttam and the rest of the plaintiffs are the minor sons of hirde, Raja, Dal Singh and Mansa. The attack is directed against the creation of occupancy rights in the land which were created by means of a registered deed dated the 14th June 1946 for a sum of Rs. 1,250/ -. The suit was brought on the 19th August 1947 which is quite soon after the deed of alienation. The land in which these occupancy rights were created was found by the trial court to be such that it could not be reclaimed and the income of the land was not more than Rs. 4/- a year. The trial Court found this to be an act of good management and dismissed the plaintiffs' suit.