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Mt. Aisha Begam vs Daulat Singh on 27 January, 1927 cites

Ram Bilas And Anr. vs Lal Bahadur And Ors. on 3 April, 1908

2. The Court of first instance decreed the claim. The lower appellate Court has reversed the decree of the first Court being of opinion that there was a custom enabling a tenant to transfer his right to the occupation of the site of his house. One of the grounds which is taken in appeal is that the finding of the Court below regarding the existence of the custom is not supported by any legally sufficient evidence. It may be observed here that this is recognized as a good ground in second appeal, and in this connexion I need only refer to the Full Bench decision of this Court reported as Ram Bilas v. Lal Bahadur [1908] 30 All. 311.
Allahabad High Court Cites 0 - Cited by 17 - Full Document

Sri Girdhariji Maharaj vs Chote Lal And Ors. on 28 January, 1898

4. The general law on this question of the rights of tenants with respect to their houses was laid down in the case reported as Sri Girdhariji Maharaj v. Chhote Lal [1898] 20 All, 248. There it was held that where an agriculturist is allowed to build a house for his occupation in the abadi he obtains, in the absence of a special contract to the contrary, merely a right to use that house for himself and his family so long as he maintains the house and so long as he does not abandon the house by leaving the village. It was further held that in the absence of a special grant by the zamindar the tenant has no interest which he can sell by private sale or by sale in execution except such interest as he has in the timber, roofing and woodwork of the house.
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Syed Tajammul Husain vs Banwari Lal And Ors. on 19 June, 1925

5. In that case it was also stated that if the defendant had set up a local custom by which an occupier could sell his right to occupy, the Judges would have been prepared to hold that such special custom was bad. This, however, in the circumstances was an obiter dictum, and there is at least one case in which a right to transfer the right of occupancy has been recognized: see the ruling in Tajammul Husain v. Banwari Lal A.I.R. 1926 All. 43. But there, it will be observed, there were no less than 126 instances cited ranging over a period of sixty years.
Allahabad High Court Cites 0 - Cited by 9 - Full Document
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