- (1.) THE appeal first mentioned was filed by the landlords -applicants against certain claimants in a case under the Encumbered Estates Act and the appeal next mentioned was filed by another set of claimants in respect of another property against the same landlords under the said Act in the same proceedings. I propose to deal with and dispose of these appeals seriatim. F.A. No.479 of 1942: -
(2.) IF would be convenient to preface this Judgment with two short pedigrees. The landlords pedigree stands as follows : The landlords -appellants are either the sons or grandsons of Bir Bahadur in the first pedigree, and the claimants -objector are the sons of Salik in the second pedigree.
(3.) THE items of property claimed by the respondents -objectors under S.11, Encumbered Estates Act, in denial of the title of the landlords -applicants were these In village Pokhranda : (1) (Grove No.194) purchased in the name of Salik under a sale -deed (page 53) dated 23 -9 -1895, for Rs.49/ -, and (2) certain fixed -rate holdings purchased at an auction (page 57) sale -certificate and (page 59 dakhalnama) in the name of Salik aforesaid on 21 -3 -1896, for Rs.24/ -. In village Kharauni : (1) 4 tenancy plots purchased in the name of Puran on 10 -12 -1919) (page 61) for Rs.550/ -, (2) some tenancy plots purchased in the name of the same Puran under a sale -deed dated 2 -4 -1920, (not printed), and (3) a portion of a house occupied by the claimants the other portion being occupied by Balraji, widow of Puran. ;