BASANT SINGH Vs. MAKHAN SINGH

JUDGEMENT

(1.) IQBAL Ahmad, Member 1. The dispute in the suit, out of which the present appeal arises, was with respect to land measuring 100 kanals, that originally belonged to one Nidan Singh. The previous history of this land is somewhat obscure, but this much is certain that sometime after the death of Nidan Singh, proceedings of mutation of names, with respect to this land, took place before Mr. Lawrance, Settlement Officer. Mt. Lachmi, the widow of Nidan Singh, was a party to those proceedings and by an order dated 2 -11 -1892, Mr. Lawrance finally disposed of those proceedings. The order just referred to, appears to have been in due couree, weeded out; but a note indicating the purport of that order is to ba found in the Goshwara Register of 1984 corresponding to 1928 A. D. copy of which was filed by the pltf. -resp.

(2.) THE entry in the Goshwara Register is as follows:

(3.) IN the plaint the entry in the Goshwara, quoted above, was recited, and the claim for possession of the land in dispute was based mainly on the allegation that ''the produce of the said land was for some time past not being used for the purpose of Langar' and that for about eight years before the suit, Bachansingb had 'been patting the said produce to hia own use and purpose instead of utilizing it in the 'Langar' and thus violated the condition.' In short, the pltfs. case was that the land was put in possession & charge of Baohanaingh for the purpose of its income being utilized for 'Langar,' on he distinct understanding that, if the income from the said land was not utilized for the said purpose, the land would revert to Mt. Lachmi or her daughters. Tha pltfs alleged that, for some years past, the income of the land in suit was being utilized by Bachanaingh not for the purpose indicated above but was being misappropriated by him.