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1959 Supreme(Kar) 73

A.NARAYANA PAL
NARAYANA NARASIMH DESHPANDE – Appellant
Versus
KASHIRAYA SENGAPPA NISABAT – Respondent


( 1 ) THE appellants are the plaintiffs, who have lost in both the courts. The appellants claimed to be the representatives of the original lessor and sued the respondents as representatives of the original lessees under a document extibit 57 in the case dated the 22nd of July 1872 for recovery of possession on the ground that they had terminated the tenancy under that document by issuing a notice to the respondents under exhibit 51-A dated the 7th of January 1947. The respondents resisted the suit on the ground that they were not lessees or tenants at all, hut were actual full owners of the property. They asserted that the alleged agreement of 1872 was totally false.

( 2 ) BOTH the courts below have disposed of this matter on an interpretation of the document exhibit 57. Both the courts recognise that the property originally belonged to the ancestor of the appellants and that the ancestors or predecessors in interest of the respondents obtained possession thereor from the original owner upon the Conditions set out in exhibit 57. Exhibit 57 is not a document executed Ely the lessor in favour of the lessee. That document is described as a Karar Patra under which three brothers Dado










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