MANOHAR PERSHAD, SRINIVASACHARI
Balaji Govinda Narain – Appellant
Versus
Hiralal – Respondent
MANOHAR PERSHAD, J. :- Balaji Govind Narayan, plaintiff-appellant, filed a suit for possession of the suit property against Hiralal and Pulsibai on the allegation that the suit property originally belonged to Chunnilal Misher who sold the same to one Dhapubai by a registered sale-deed and Dhapubai in turn bequeathed the house in question to first defendant by a will and put him in possession of the same; that in 1351-P first defendant came into possession of a part of the house with permission of second defendant and that later he forcibly came into possession over some other portion; that on 29th Khurdad 1354 P second defendant instituted a suit for possession of the suit property against first defendant and during the pendency of the suit, transferred the suit house by a registered sale-deed dated 8th Shehrewar 1354F. in favour of the plaintiff; that second defendant in collusion with first defendant did not conduct her case properly with the result that the suit was dismissed for default on 16th Azur 1357P. Plaintiff, now claimed possession of the suit house on the basis of the title acquired by virtue of the sale-deed. First defendant resisted the claim of the plaintif
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