HAR PRASAD Vs. HORI LAL

JUDGEMENT

(1.) The plaintiffs of the Court of first instance are the appellants before this Court. The respondent No. 2, Chheda Lal, transferred his house together with the right of residence on the site, in favour of the respondent No. 1 Hori Lal, by a deed dated the 9 October, 1917. Seven years later, on 29 August, 1924, the suit, out of which this appeal has arisen, was lodged by the appellants for recovery of possession of the site giving Hori Lal an option to remove the materials of the house. The plaintiffs case was that they were zamindars of the site, being the zemindar of the Mahal Bhawani Prasad, and, as a mere tenant of the site, Chheda Lal had no right to transfer it to Hori Lal.

(2.) The defence was that village Yakubganj, where the house is situated has been a town and not a mere agricultural village and there is no presumption in favour of the site of the house being the property of the so-called zemindar of the village.

(3.) The defence further was that the vendor and his successor had been in adverse possession of the site and that there was a usage which permitted such a transfer.