RANI MINA KUMARI SAHEBA, AND ON HER DEATH HER HEIR AND LEGAL REPRESENTATIVE MAHARAJ BAHADUR SINGH Vs. AHORDDI SHEIKH

JUDGEMENT

(1.) These two appeals arise out of two suits for recovery of possession of certain lands, which constituted two occupancy holdings which had been transferred by the raiyats to the defendants. The plaintiff sought to eject the defendants on the ground that the holdings were not transferable without the cansent of the landlord.

(2.) The defence was that they were transferable without payment of any nazar but as the landlord was demanding nazar on transfers, the defendants were willing to pay it.

(3.) The Courts below have found that occupancy holdings in the disputed mahal are transferable by custom on payment of 25 per cent. of the purchase money as nazar. The Court of first instance directed the defendants to pay the nazar within a month of the date of the judgment, failing which the plaintiff was to get khas possession. That decree has been affirmed on appeal by the District Judge and the plaintiff has appealed to this Court.