Research › Browse › Judgment

Allahabad High Court · body

1906 DIGILAW 41 (ALL)

Mulai Singh v. Rajwant Singh

1906-02-14

AIKMAN, KNOX

body1906
JUDGMENT : AIKMAN, J. 1. This second appeal arises out of a suit brought by the plaintiff, Rajwant Singh, who is respondent here, for possession of fixed rate holdings in four villages and of a house and other property. The Court, of first instance decreed the claim. The lower appellate Court upheld the decree of the Court below. The defendant comes here in second appeal. We have it proved that at the last revision of records before Act No. II of 1901 came into force, the appellant, Mulai Singh, and one Musammat Ablakhi were recorded as joint fixed rate tenants of the holdings claimed. The plaintiff is the representative in title of Musammat Ablakhi. His case as set out in the plaint was that the entries made at the revision of settlement were only paper proceedings. The defendant relies on the provisions of section 9 of Act No. II of 1901, which declares that every entry at the last revision of records recording a person as a fixed rate tenant shall, in the absence of a judicial decision to the contrary in proceedings instituted before the commencement of the Act be conclusive proof that the person recorded is a fixed rate tenant. The lower appellate Court has held that this section does not bar a Court from inquiring whether a man's name was entered merely with the consent of the real fixed rate tenant. In our opinion this view cannot be supported. The language of the section is clear and imperative. The appellant attacked the whole of the decree, but the learned vakil for the appellant very properly admits that he cannot support the appeal save as to the defendant's right to the fixed rate holdings. We allow the appeal in part. We discharge the decisions of the Courts below, and we decree the plaintiffs claim for possession jointly with Mulai Singh of the four fixed rate holdings, scheduled in the plaint, also for possession of the tiled house and half of the well and the stone mill and also we award him Rs. 50 as damages for mesne profits. To this extent the appeal is allowed. Quoad ultra it is dismissed. Having regard to the facts of the case we direct that the parties bear their own costs in all Courts. 2. Appeal allowed in part.