1907 (2) TMI 2

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.... appeal has arisen the plaintiff asked for a declaration that a sale-deed, dated the 18th of October 1901, of property specified in the plaint, was void and claimed possession of the property detailed in that deed. He put in an alternative claim, that if the plaintiff was not entitled to possession of the buildings upon the land, a decree for possession of the land itself might be passed in his fa....

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....upa his interest therein. 3. A number of issues were framed, but some of them were not tried under the following circumstances. The plaintiff in his examination under Section 117 of the Code stated his inability to define the lands which were included in the lease. In consequence of this the learned Subordinate Judge passed an order on the 18th of September 1903 directing the plaintiff to amend....

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....held to be rejected under Section 54, Code of Civil Procedure." Both Courts below found that the land which was demised to Mr. Frederic Wilson was demised to him on a permanent lease for building purposes and that he had erected permanent buildings on the laud, and that he and his successors in title had continued to hold the land under the lease up to the present time. 4. The plaintiff appella....

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....ramed by the Court of first instance. These issues are Nos. 1 and 4, and are as follows:  1. What were the boundaries and what was the extent of the land given by the plaintiff's predecessor to the father of defendant (2)?  4. Did the defendant (2) sell to defendant (1) any excess area of land over and above that area which had been given by the zamindar to his fath....