AIR 1942 OUDH 427

Oudh High Court

Hon'ble Judge(s): Bennett, Agarwal , JJ

(A) Grant All land in Oudh confiscated by Government at time of Mutiny Only those persons are owners who got it subsequently. All the land in the Province of Oudh was confiscated at the time of Mutiny by the Government, and only those persons are its owners who got it subsequently from it. Whatever rights the zarnindars had were confiscated, and the rights which they can now claim are only those which they acquired subsequently from the Crown.(Para 428C1) (B) Adverse possession Site in town Defendant in possession since 1865 No evidence that defendant or his ancestors ever acknowledged plaintiff zamindar's titleNothing to show how defendant came into possession Defendant must be taken to have acquired title by adverse possession. Where the defendant has been in possession of a site in town since 1865 and there is nothing to show that the defendant or his ancestors ever acknowledged the title of the plaintiff zamindar and there is also nothing to show how the defendant came into possession, the defendant must be taken to have acquired title by adverse possession :(Para 428C2 429C1) (C) Landlord and tenant Village sites Zamindar is presumed to be i....