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1949 Supreme(Pat) 76

S.K.DAS
Bibhuti Bhusan Modak – Appellant
Versus
Girish Chandra Pal – Respondent


Judgment

Das, J.

1. These two appeals arise out of the same judgment and have been heard together. This judgment will govern both the appeals, though I propose, for the sake of convenience, to deal with them separately.

2. In Second Appeal no. 203, the plaintiffs are the appellants, and the land involved is plot No. 1068. In second Appeal No. 564, the defendants are the appellants; and the plot involved is 1113. The facts so far as they are relevant for the two appeals are the following; One Bhikhu Mandal wag the recorded tenant of holding No. 37 of village Nirsa in which holding were included the two plots in question. Bhikhu died some fourteen years before the suits were instituted, leaving a minor son called Kalipada, and his widow, Jamuna Mandalani. During the minority of Kalipada, Jamuna sold the two plots along with some other land to one Shambhu Mahto by means of a sale-deed executed on 29th April 1932. On 16th April 1943, sometime after Kalipada had attained majority, Kalipada executed an agreement to sell the lands to the plaintiffs. The case of the plaintiffs was that a sum of Rs. 50 was paid at the time of the agreement, and the plaintiffs were put in possession of the la











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