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1950 Supreme(Pat) 118

NARAYAN
Sirikishun Singh – Appellant
Versus
Jaimangal Singh – Respondent


Judgment

1. This is a second appeal by the defendants arising out of a suit in which the plaintiffs had prayed for a declaration of their title to and recovery of possession of certain plots rf land described as plots NOS. 15 and 17. The case, as made out by the plaintiffs, was that this property had been purchased by their ancestor Ghina Mahto in the frazi name of Lakhu Mahto, the father of the defendant appellants, by a registered sale-deed dated 23rd October 1899 and that ever aince the execution of the Kebala it has been in their possession. The alleged cause of action for this suit was an interference by these defendant-appellants with the possession of the plaintiffs leading to a proceeding under Sec.144, Criminal P. C. The defence was that Lakhu Mahto was the real purchaser of the property, and it was further alleged that a few years before the institution of this suit the original sale-deed by which this property had been acquired was lost or stolen from the dalan of the defendants and that the plaintiffs having obtained the custody of the document had filed this suit dishonestly.

2. The Courts below have concurrently held that the plaintiffs have been able to prove that the




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