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1974 Supreme(SC) 420

A.ALAGIRISWAMI, M.H.BEG, V.R.KRISHNA IYER
Harihar Prasad Singh – Appellant
Versus
Balmiki Prasad Singh – Respondent


Advocates:
A.K.SEN GUPTA, D.GOVERDHAN CHARY, GUNTESHVAR PRASAD, GYAN SUDHA MISHRA, I.N.SINGH, INDRABHANU SINGH, R.B.DATAR, S.C.MISHRA, S.K.PRASAD, SARJU PRASAD

Judgment

ALAGIRISHWAMI, J.: - In the year 1872 one Ramdhan Singh, a Bhumihar Brahmin, of village Barhiya in Bihar died leaving behind two widows, Mosst. Manrup Kumari and Pari Kumari, and about 1700 bighas of land. Manrup Kumari died in 1923 and Pari Kumari in 1933. Even while Pari Kumari was alive her brother Sunder Singh seems to have been managing the estate on her behalf. Shortly before her death he managed to get from her a deed of release in favour of two persons, Gaga Singh and Falgu Singh, alleged to be the sons of Ramdhan Singh s daughter,Jayanti Kumari. In spite of the objections by persons-who claimed to be the nearest reversioners of Ramdhan Singh s estate, the lands were recorded in their names in the land revenue proceedings. This led to a number of proceedings both civil and criminal. Ultimately the reversioners, who are now the respondents in these appeals, filed five suits, T. S. Nos. 53 and 61 of 1934 and 20, 29 and 41 of 1935 for possession of the estate. In 1936 another suit, T. S. No. 37 of 1936 was filed by the present plaintiffs 8 to 12, 15, 16 and 18 to 21 and Kunu Babu Singh, uncle of the 11th plaintiff. In that suit also Gaya Singh and Falgu Singh were defe





























































































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