CHATTERJI, LAKSHMIKANTA JHA
Kirit Singh – Appellant
Versus
Chandrakali Kuar – Respondent
LAKSHMINKANTA JHA, J.
1. This is an appeal under the Letters Patent from a judgment of Shearer, J. upholding the concurrent decisions of the courts below & dismissing the suit.
2. The facts relevant to the point for decision may be shortly stated as follows: One Raghunandan Singh, father of the pltfs. along with one Awadh Singh, claimed raiyati interest in 19.5 acres of bakasht land situated in an estate belonging to Mt. Chandrakali Kuar, deft. 1. A dispute arose between the parties over the possession of this land & a proceeding under S. 144, Cr. P. C, was started, which terminated in favour of Raghunandan & Awadh. Consequently, Chandrakali Kuar, along with her granddaughter in whose favour she had executed a deed of gift, instituted a suit (Title Suit No. 113 of 1941) for possession of the disputed land against Raghunandan & Awadh. Raghunandan contested the suit & his defence was that Chandrakali had settled the land in dispute with him & Awadh under a sada patta. In support of his case he produced a hukumnama, which admittedly bore the thumb impression of Chandrakali, & several rent receipts. The defence was disbelieved & the suit was decreed on 13-5-1941, with costs. Ra
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