AIR 1955 ALLAHABAD 59

Allahabad High Court

Hon'ble Judge(s): B. B. Malik , C.J. AND Agarwala, V. Bhargava, Basudeva Mukhrhee, M. L. Chaturvedi , JJJ

(A) Evidence Act (1 of 1872) , S.43— Custom - Judgments regarding. On a question of custom a decision in a case as regards the existence or non-existence of a @page-All60 custom is good evidence in other cases.(Para 14) (B) Uttar Pradesh Abolition of Zar-e-Chaharum Act (30 of 1951) , — Act is not retrospective. (Para 18) (C) Words and Phrases - Zamindar, meaning of.Wazib-ul-arz - Construction - Meaning of words. The word 'Zamindar' used in a 'wajib-ul-arz' prepared by revenue officers during the course of the settlement must be given the ordinary meaning given to it in revenue proceedings. The word 'zamindari' has a well established connotation. It means "a person who is the owner or a co-sharer of a mohal and as such has an interest in the common land of the mohal and the management of the mohal, has the right to realise rent from tenants and in the absence of a contract to the contrary is liable to pay land revenue to Government.(Para 19) (D) Custom (U.P.) - Zar-i-Chaharum - Plot proprietor if can claim - Appli....