HAIDAR ALI KHAN Vs. NAWAB ALI KHAN

JUDGEMENT

(1.) THEIR Lordships are of opinion that the decree of the Judicial Commissioner ought to be affirmed.

(2.) THERE is nothing in this case to show that the Defendant by any agreement, or by any arrangement, or other means, became clothed with any trust as regards the lands included in the sanad. The case, therefore, does not fall within the decisions of Mussto Thukrain Sookraj Koer v. The Government 14 Moore's Ind. Ap. 112 or of Hurdeo Buksh v. Jowahir Singh Law Rep. 6 Ind. Ap. 161. The Defendant is, therefore, entitled as proprietor to the lands included in the sanad.

(3.) THEIR Lordships will humbly advise Her Majesty to this effect, and that the appeal should be dismissed.