GANGA PRASAD Vs. BABU RAM

JUDGEMENT

(1.) This is a defendant's appeal and arises out of a suit for possession of the site of a house by removal of the materials therefrom. The plaintiff admittedly is the zamindar of the abadi in which the house in dispute is situate.

(2.) The house in dispute belonged to Defendant No. 2, who was a mere raiyat in the village, and who, by a sale-deed dated the 7 November 1921, transferred the said house to Defendant No. 1.

(3.) The plaintiff's case was that according to the custom prevailing in the village in question the occupiers of the houses are only competent to sell the materials of their houses but cannot sell the site and that Defendant No. 2, contrary to his right transferred his house along with the site and all that Defendant No. 1 was entitled to was to remove the materials of the house, but was not entitled to the site of the house.