LAWS(PVC)-1938-9-31

BABU LAL Vs. RAM PRASAD

Decided On September 29, 1938
BABU LAL Appellant
V/S
RAM PRASAD Respondents

JUDGEMENT

(1.) In this second appeal an issue has been referred to this Full Bench as follows: Whether in the circumstances of this case the land in dispute should be considered to be appurtenant to the defendants holding, and if so, what is the legal position of the parties with respect to it?

(2.) The circumstances of the case are as follows. The plaintiff is the zamindar of two abadi plots given in the plaint as No. 60 area 3 biswas 7 biswansis and No. 61/2 area 1 biswa 12 biswansis in mauza Akbarpur, District Aligarh. He claimed in the plaint of 1934 that three months previously the defendants who are occupancy tenants in the village and who live there had made certain constructions, cattle shed, etc., in these numbers which did not belong to them and the plaintiff sued for demolition and injunction. Of the defendants the first three are brothers and they pleaded that their houses had been there for more than 50 years, and the cattle of the contesting defendants have been tethered therein and the heap of rubbish, manure, etc. had been there since the time of their ancestors.

(3.) That the numbers have always been used for the purposes of cultivation, and were appurtenant to the cultivation of the contesting defendants.