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1953 Supreme(SC) 6

N.H.BHAGWATI, S.R.DASS, M.C.MAHAJAN
Lal Bhagwant Singh – Appellant
Versus
Rai Sahib Lala Kishen Das – Respondent


Advocates:
B.I.Bishan Singh, C.P.LAL, M.C.SETALVAD, NAZIM U.SIDDIQUI, RAJENDER NARAIN

Judgement

MAHAJAN J. : Shortly stated, the facts giving rise to these three appeals are these:

On 4-7-1933 Rai Bahadur Lala Hari Kishen Das obtained from the Court of the Civil Judge Sitapur, a final compromise decree in the sum of Rs. 3,88,300-2-6 with pendente lite and future interest and costs, on the foot of two simple mortgages executed in his favour in 1928 and 1931 by Thakur Raghuraj Singh. It was provided in the compromise that Raghuraj Singh would within a week sell to Hari Kishen Das at agreed prices some villages out of the mortgaged property selected by him and sufficient to satisfy the decree. He reserved to himself the right to get back the sold villages after five years and before the expiry of fifteen years on payment of the stipulated prices. The computation of the price of the sold lands was to be made in the manner laid down in cl. (6).

2. Hari Kishen Das made a selection of eight villages, and deeds of sale and relinquishment in respect of them were duly prepared and executed on 4-7-1933. Before they could be presented for registration, the parties received information that a notification for assumption by the Court of Wards of the management of the talukdar s esta


















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