AJIT SINGH Vs. MAHA (MAHAN) NAND
HIGH COURT OF PUNJAB AND HARYANA
MAHA (MAHAN) NAND
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(1.) In this plaintiff's appeal against an appellate decree of the District Judge reversing the decree of the trial Court and thus dismissing the plaintiff's suit the question involved is of some nicety.
(2.) Karam Singh defendant No. 6 sold the land in dispute to Maha Nand for a sum of Rs. 1,000/- on the 22nd June, 1942. Originally Karam Singh had only proprietary right in the land but saunjidari rights were with somebody else and they were acquired by Karam Singh. It is admitted by both parties that the proprietary right which vested in Karam Singh was ancestral in character. The question to be decided is whether as a result of his purchased of the saunjidari rights the whole estated held by Karam Singh is ancestral or non-ancestral. If it is the former, the plaintiffs must succeed because the finding of the trial Court was that the sale was without necessity. The Courts below, are however, not in accord on the question of the ancestral nature of the property. The trial Court held the land to be ancestral and the appellate Court held it to be non-ancestral.
(3.) Saunjidari rights have been defined in Sundar v. Ram Chand, 1929 AIR(Lah) 77 to be a land tenure by which the saunjidar is entitled to remain in possession without payment of any rent but subject to his performing services. In the Lahore case the grantee was a purohit. Therefore in such cases all that a proprietor possesses is a right of reversion which may be a right of very little value as the proprietor has only a right to receive service from saunjidar who has a right to remain in possession without payment of any rent.;
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