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1951 Supreme(Pat) 153

LAKSHMIKANTA JHA, REUBEN
Jaipal Singh – Appellant
Versus
Bharat Narain – Respondent


Judgment

Reuben, J.

1. This appeal by the defendants arises out of a suit for declaration of title to, and recovery of possession of certain lands in village Islampur Begampur, touzi No. 10034, which was formerly owned in equal shares by Mt. Bibi Hazra and one Jamil Ahmad. Bibi Hajra transferred her share to the plaintiffs on the 18th of December 1941 at a time when it was in Zarpeshgi thika with defendant No. 1. The plaintiffs deposited the zarpeshgi money after the purchase and got khas possession. Subsequently, on the 15th of January 1942, defendant No. 1 purchased the eight annas share of Jamil Ahmad. The suit was filed by the plaintiffs claiming the suit lands as bakasht. With respect to the lands in Schedule 2, the claim is that they were purchased by Bibi Hajra and that the entire interest in them has now passed to the plaintiffs. As regards the lands in Schedule 3, the claim is that they were purchased jointly by Jamil Ahmad and Bibi Hajra, and the plaintiffs have a share of eight annas in them. The claim of the plaintiffs was contested by some of the defendants, who pleaded that they have acquired raiyati rights in them under settlements made by the original proprietors. Th









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