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1961 Supreme(SC) 244

P.B.GAJENDRAGADKAR, K.N.WANCHOO
Sheodhyan Singh – Appellant
Versus
Sanichara Kuer – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, L.K.JHA, P.K.CHATTERJI, R.C.Prasad

Judgement

WACHOO, J. : This is an appeal on a certificate granted by the Patna High Court. The respondents brought a suit with respect to ten plots of land and claimed a declaration that the property belonged to them and prayed for possession of the plots by ejectment of the defendants-appellants and for mesne profits. Besides the appellants, there was another set of defendants to the suit from whom the respondents purchased the property. The respondent s case was that the appellants had taken a loan from the other defendants on a mortgage bond on the basis of which those defendants instituted a suit in 1932. This suit was decreed against the appellants and thereafter the other defendants got the mortgaged property sold by auction in execution and purchased it themselves in 1936. Thereafter the other defendants entered into possession of the property delivery of which was made to them by court. The other defendants remained in possession of the property till they sold it to the respondents in 1943. Thereafter the respondents came into possession of the property. The appellants however began to create trouble from 1942. After the sale to the respondents, the appellants created furthe
















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