RICHARD ROSS SKINNER Vs. KUNWAR NAUNIHAL SINGH

JUDGEMENT

(1.) These are consolidated appeals from eleven judgments and decrees of the High Court of Judicature for the North-Western Provinces, Allahabad. The suits were for ejectment and were brought by the present appellant, Richard Ross Skinner. The Subordinate Judge of Meerut passed ejectment decrees and the appellant was granted absolute proprietary possession, with mesne profits, of certain villages situated in the District of Bulandshahr in the United Provinces. These judgments and decrees of the Subordinate Judge were reversed by the High Court.

(2.) In the proceedings before the Subordinate Judge many issues were taken and questions investigated and discussed.

(3.) With the exception of those to be hereafter referred to, it is unnecessary to enter upon these questions. For as the result of the discussion before the Board, the appellant made a concession, which was (whatever may have been the nature of the other discussions before the Courts below) no part of his original pleadings or case. In the plaint he prayed " that a decree for full proprietary possession of the entire villages ... be granted to the plaintiff." He further prayed for mesne profits and for costs of the suit, with interest upon these mesne profits up to the date of realisation. It is true that the plaint also concluded " that any further relief which may be considered desirable and necessary be granted to the plaintiff," but, in their Lordships opinion, this conclusion was treated by the plaintiff himself throughout the proceedings v as merely ancillary to or consequential upon the radical demand he made for " full proprietary possession." The case in the Courts of India was throughout conducted upon the footing that he was entitled to this proprietary possession in a full and unconditional sense, that is to say, that any mortgages or duly constituted burdens granted even by Thomas Skinner over the properties were to be treated as wholly unavailing against him. Under the decree obtained no such rights were recognised. His position, in short, was that the whole of these burdens and mortgages might be ignored.