PANCHAM SINGH Vs. BALAK RAM

JUDGEMENT

(1.) This is a plaintiffs appeal in a suit for possession of certain property.

(2.) At p. 14 of the paper book will be found the pedigree of the plaintiffs family. The present plaintiffs are relations of one Gulab Singh who died in or about the year 1886. Mt. Kenchan Koer, widow of Gulab Singh, obtained possession of zamindari property and the property now in suit, and it is found by the Courts below that she obtained possession in lieu of maintenance. She transferred some of her property, but as regards the property in suit she, by an application to the revenue Courts, got the name of her cousins entered in the revenue papers. The defendants are transferees from the cousins of Mt. Kenchan Koer.

(3.) The Court of first instance decreed the plaintiffs claim. The lower appellate Court dismissed a portion of the claim on the ground that the transferees were protected under Section 41, T.P. Act.