BHAGWATI PRASAD SINGH Vs. HARI HAR PRASAD SINGH

JUDGEMENT

(1.) This appeal has been preferred by the Raja of Daiya in a suit for a declaration that Pancham Ram was the actual owner of the zamindari property in Bhagwanpur and Pura Ram Nath under a sale-deed dated 7 March 1922, that the plaintiffs were the owners of the property by virtue of their purchase from Pancham and that the sale deed dated 13 March 1923, in favour of Raja Drig Bijai Singh of Daiya and all the consequential mutation proceedings and the order of the revenue Court cancelling the sale-deed in favour of Pancham Ram aforesaid were ineffectual against the plaintiffs.

(2.) The properties in suit are situate in the Meja Sub division of the district of Allahabad and are subject to the provisions of the Bundelkhand Alienation of Land Act (No. 2 of 1903).

(3.) The properties were, owned by Lala Durga Prasad Singh, caste Kshatriya- Gaharwar. On 17 September 1919 he made a usufructuary mortgage from 1327-1346 FF in favour of Lala Ram Lal and Lala Raghunath Prasad for Rs. 1,600, On 7 March 1922 he sold the properties to Pancham Ram Brahman Tewari, defendant 3, resident of district Allahabad for Rs. 5,000. The details of the sale consideration are as follows.