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1969 Supreme(SC) 540

J.C.SHAH, V.RAMASWAMI, A.N.GROVER
Sunder Singh – Appellant
Versus
Narain Singh – Respondent


JUDGMENT :

Shah, J.

Mangli Prasad grand-father of the first appellant agreed to purchase, under an agreement dated August 3, 1927, Sir rights in three plots of land aggregating in area to 6.88 acres for Rs. 500/- from Jagannath and Mangayee. The appellants contend that Mangli Prasad paid Rs. 250/- and possession of the lands was delivered to him, and on April 21, 1928, his name was entered in the revenue records. The appellants claim that Mangli Prasad paid the balance of the price, but no sale deed was executed by the vendors; that Mangli Prasad, and after his death, they have been in possession of the property continuously since August, 1927, but in 1953 the descendants of the original vendors purported to transfer the rights in the lands to the Mahabir Temple, Lal Singh, s/o Prem Singh and Sitaram son of Atmaram; and that they had on that account "encroached upon the rights" of the appellants. The appellants accordingly instituted an action and claimed an injunction against the representatives of the original transferors and the purchasers restraining them from "going to the" fields in dispute. By an amendment made in the plaint it was claimed that if it be found that the appellan

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