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1957 Supreme(AP) 37

MANOHAR PERSHAD, SRINIVASACHARI
Deoki Nandan (died) by L. Rs. – Appellant
Versus
Madanlal – Respondent


Advocates:
B.V. Subbarayudu and Sardar Singh, for Appellants; Bishambar Dayal, for Respondent.

Judgement

SRINIVASACHARI, J. : -

This is an appeal against the Judgment of the Judge on the Original Side of the High Court. The suit out of which this appeal arises was filed by Madanlal, respondent No. 1 for possession of two houses and other moveable properties mentioned in the schedule to the plaint on the allegation that these properties belonged to one Prahlad Das and that the plaintiff as his adopted son was entitled to the suit properties.

It was alleged further that defendants 1 and 2 came to be in unlawful possession of one house and that defendants 2 and 8 occupied a portion of another house which they had no right to do. Besides these defendants, the plaintiff impleaded the tenants of houses Nos. 2/775, 2816, 2817 and 2819 as they declined to pay him the rent. These are defendants 5 to 15.

The suit was resisted by all the defendants. Defendants 1 and 2 denied that plaintiff was the adopted son of Prahlad Das and stated that defendant 1 was his adopted son. They further denied that plaintiff and Prahlad Das were members of joint family and that the suit properties were ancestral. It was stated by defendants 3 and 4 that the plaintiff was related to the deceased as the uncle
































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