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N. "No second appeal lies on the ground of an erroneous finding of In the first place objection is taken to the fact.'* finding of Bo»e J. that the findings of the (b) C. P. Tenancy Act (1920), S. 2 (5) (d) -- Courts below that these buildings were not Agricultural holding--Building constructed -- Prima facie there is diversion -- Tenant must erected for the convenient or profitable use prove contrary or occupation of the holding (vide the Prfma facie the erection of a building on land words of s. 2 (5) (d), C. P. Tenancy Act), which is let for agricultural purposes, that is to and were not consistent with the pur say, for the purpose of being cultivated and for no other purpose, is a diversion for non-agricultural pose for which it was let are findings of fact uses; and once the fapt of the erection of a sub which cannot be raised in second appeal, stantial building is established it is for the tenant and reliance has been placed on the Privy to show that it has been built in circumstances Council decision in
AIR 1936 PC 771
All India Reporter, Privy Council
Privy Council
India
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