SHAKIRA BIBI Vs. NANDAN RAI

JUDGEMENT

(1.) The suit out of which this appeal arises has been instituted by a Zemindar in the Azamgarh District against certain riaya on the allegation that they have appropriated the wood of a free which was standing upon land of which they were in occupation after the tree had fallen down. She asserted that under a custom of the village, she, as Zemindar, was entitled to half the value of all fallen timber, and she instituted a suit for small damages and for an injunction prohibiting the defendants from questioning her rights in such matters in future.

(2.) The defendants admitted that they were riaya; they admitted that the tree stood upon land of which they were in occupation; they admitted that the tree had fallen down and that they had appropriated it but they denied the existence of any custom entitling the plaintiff to half its value.

(3.) The Trial Court found that such a custom did exist and decreed the suit. The lower Appellate Court found that no such custom existed. The Zemindar appeals here.