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1950 Supreme(Pat) 85

NARAYAN, S.K.DAS
Baikunth Singh – Appellant
Versus
Jhulan Singh – Respondent


Judgment

Narayan, J.

1. This is a plaintiffs second appeal arising out of a suit in which the plaintiffs sought to recover possession of half share in certain lands described in Schedules I and II of the plaint on declaration of his title thereto. The property in suit belonged to one Molan Singh who died leaving a widow Mt. Manmati Kuer. Manmati Kuer came into possession of the property as a limited owner, but as she alleged that she had two daughters, Rudar Singh the father of the plaintiff-appellant, and Jhulan Singh and Janardan Singh, defendants 1 and 2 respectively of this suit, had to institute a suit for a declaration that Mt. Urehan KUER and Alodhan Kuer who had been set up by Mt. Manmati Kuer as her daughters were really not her daughters. This suit was Title Suit No. 60 of 1929 and while it was pending Rudar Singh died and the present appellant was substituted in his place. A deed of ekrarnama was executed on 20th December 1930 by the plaintiff Baikunth Singh and defendants 1 and 2 and one of the terms of this ekrarnama was that in the event of the suit succeeding the plaintiff would be entitled to the same share in the property in dispute to which his father Rudar Singh w












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