LAWS(PVC)-1907-3-30

BADESHAH MAHAMADSHAH Vs. NARAYAN ANANT SAMANT

Decided On March 27, 1907
BADESHAH MAHAMADSHAH Appellant
V/S
NARAYAN ANANT SAMANT Respondents

JUDGEMENT

(1.) The occasion of this suit is the execution of a document described as an Opan?Patra, as a result of which the defendants claim that there was a resignation of the land in auit by defendant No. 2 to defendant No. 1 within the meaning of Section 10 of the Khoti Act.

(2.) The lower appellate Court has decided in the plaintiff's favour and in accordance with the prayer in the plaint, has declared that the document is invalid as against the plaintiff.

(3.) The Advocate-General contends that the suit was based upon the allegation that there was an agreement to mortgage and he asks us to dismiss the suit on the ground that this agreement to mortgage has not been established, the lower appellate Court having held as a fact that it was not proved.