Sarju Prasad Missir and others – Appellant
Versus
Maksudan Ghoudhuri and others – Respondent
Sir John Edge :-
These are two consolidated appeals by the plaintiffs from two decrees, dated the 30th July, 1917 of the High Court at Patna, which reversed a decree, dated the 21st May 1914, of the District Judge of Dharbhanga and dismissed the suit of the plaintiffs.
The suit was brought by the plaintiffs, the appellants here, on the 10th January, 1912, in the Court of the Subordinate Judge of Dharbhanga for certain declarations as to title and for a decree for possession of certain immoveable property and for mesne profits. That immoveable property will in this judgment for the sake of brevity be referred to as the property in dispute. The property in dispute was originally the property of one Sadik Ali Khan : the plaintiffs claim title through one Lalji Lal; the defendants claim title through one Kamal Narain Choudhri. The facts will later be briefly stated, but their Lordships may here say that in their opinion the fate of these consolidated appeals depends upon the effect of an order of the 14th September, 1886, of the Subordinate Judge of Tirhoot, which was made in certain execution proceedings to which Kamal Narain Choudhri, as an objector to an application for the attachmen
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