BALAJI JAGANNATH KALAR Vs. SARFRAJKHAN

JUDGEMENT

(1.) 1. The facts of this case are sufficiently clear from the lower Court's judgment and the question involved is in reality a most simple one. The plaintiff-appellant's contention is that as lambardar his consent was necessary to any subsequent transfer of the house in the abadi in question. It is difficult to say how such a contention can be seriously urged in face of the explicit language of the wajib-ul-arz (Ex. D. 1). That language is as follows: Tenants are entitled to get abadi land free for building houses or cattle-sheds. Such of the tenants as are in possession of village sites from before the thirty years settlement are fully entitled to transfer the said sites. Transfers of the houses on land which was vacant at the time of the 30 years settlement, however, shall be made only with the consent of the malguzar.

(2.) IT is the middle sentence of the wajib-ul-arz which is the crucial one in this case.

(3.) THE appeal, therefore, fails and is dismissed. The appellant, must bear the respondents' costs. Costs in the lower Courts as already ordered.