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1951 Supreme(Pat) 7

V.RAMASWAMI, RAI
Dipnarain Mahton – Appellant
Versus
Bihari Mahton – Respondent


Judgment

Ramaswami, J.

1. These appeals are presented against the judgment of the Addl. Subordinate Judge, Patna.

2. The question to be examined in these appeals is whether the pltfs. are entitled to recover compensation for their share of the produce of the land in dispute for the years 1348 to 1350 Fasli from the various defts. To enable this question to be considered, it is necessary to state the material facts so far as they are proved or admitted. The pltfs. alleged that 00.28 acre of khata No. 4, 01.50 acres of khata No. 27 & 29.83 acres of khata No. 3 were undivided bakasht land which belonged to the sixteen annas maliks ; that the defts. were to cultivate the land & to divide to (sic) the pltfs their share of the produce. Defendants 1 to 7 contested the suit on the ground that khata No. 4 was not the bakasht land of the sixteen annas landlords. As regards khata No. 3, the defta. asserted that excepting 00.95 acre the entire area was divided amongst the maliks before the survey & the possession of the different maliks was noted in the record-of-rights. As regards .95 acre of khata No. 3 & 1.64 acres of khata No. 27, it was stated that these lands were also divided amongst the












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