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1980 Supreme(SC) 412

R.S.PATHAK, R.S.SARKARIA
Mahadeo Prasad Singh – Appellant
Versus
Ram Lochan – Respondent


Advocates:
B.P.MAHESHVARI, Suresh Sethi

Judgment

SARKARIA, J.:- This appeal is directed against a judgment, dated May 4, 1970, of the High Court of Allahabad*. It arises in these circumstances:

* Reported in AIR 1970 All 544 (FB).

One Matadin, father of Ram Lochan, respondent 6 herein, was a fixed rate tenant of the plots in dispute measuring 2.11 acres. One Ram Naresh Singh (deceased), brother of appellant 1 herein, namely Mahadeo Prasad Singh obtained a money decree against Matadin on February 18, 1953 from the judge, Small Cause Court, Varanasi in Suit No. 847 of 1953. Ram Naresh Singh sought to execute the decree. As a consequence, the decree was transferred from the Court of the judge of Small Causes to the Court of Munsif, Varanasi, for execution. The plots in dispute were put to auction by the executing court, and were purchased by the decree-holder on July 20, 1956. The sale was confirmed on August 29, 1956 and the sale certificate was issued on September 8, 1956. The decree-holder-purchaser, Ram Naresh Singh, took delivery of possession over these plots on March 14, 1957. Thereafter, he further sold the plots to appellant 2 and respondents 6 to 10.

2. Matadin, however, died sometime in 1960. Thereafter, his sons Ra



























































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