LALA FATEH CHAND Vs. RANI KISHEN KUNWAR

JUDGEMENT

(1.) This is an appeal by special leave from a decree of the High Court of Judicature for the North-Western Provinces of India, dated the 7th November 1906, which reversed the decree of the Subordinate Judge of Aligarh dated the 25th July 1904, which had set aside the decree of the Munsif of Etah, dated the 22nd September 1903, dismissing the suit with costs.

(2.) The suit which related to the proprietary title to lands in Rampur was brought in the Court of the Munsif of Etah by Lala Fateh Chand, since deceased, and others against Rani Kishen Kunwar and others to obtain the cancellation 0f an Order of the 4th January 1902 of a Court of Revenue; for a declaration that the plaintiffs were the proprietors in possession of the lands in the plaint mentioned and as such were entitled to have their names entered in the revenue papers as proprietors; and for consequential reliefs. Some of the lands in question consisted of lands in the abadi of Mauza Rampur. Upon those lands in the abadi houses had formerly stood. It is not clear from the record whether or not all of those lands in the abadi had been cleared of houses and had been brought into cultivation, but apparently they had been brought into cultivation before suit. It is, however, not necessary to ascertain whether or not all of those lands in the abadi had been brought into cultivation as it is the proprietary title to the land whether covered with houses or not, and not the title to the houses, if any, standing upon those lands which is in question in this suit. The remainder of the lands to which the suit relates were lands under groves. Rani Kishen Kunwar was the zamindar of the whole Mauza Rampur, and she alone defended the suit. By her written statement Rani Kishen Kunwar put in issue the alleged title of the plaintiffs as proprietors.

(3.) Fateh Chand, the deceased plaintiff, had applied to the Revenue Court to have his name entered as that of the proprietor of that lands in question in the revenue papers relating to Mauza Rampur. On the 4th January 1902 the Assistant Collector rejected that application with costs, and on the 9th January 1903 the plaintiffs brought this suit in the Civil Court. The Munsif of Etah haying found as a fact that the defendant Rani Kishen Kunwar was the zamindar of Mauza Rampur,and that the plaintiffs w ere tenants and were not proprietors of the lands in the plaint mentioned by his decree of the 22nd September 1903, dismissed the suit.