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1951 Supreme(Pat) 84

NARAYAN, LAKSHMIKANTA JHA
Jugal Singh – Appellant
Versus
Tripureshwari Prasad – Respondent


Judgment

Narayan, J.

1. This is a defendants appeal arising out of a suit for declaration of title and recovery of possession with regard to 6 bighas 1 Katha of raiyati land. This land was the property of the plaintiff, and in execution of a money decree against him an area of 7 bighas and odd, including the disputed land, was purchased by the proprietor of a concern known as Bhikhanpur and Jhapaha Concern. This sale took place on the 19th November, 1931 and it was followed by a symbolical delivery of possession which was effected sometime in the year 1932. On the 7th June, 1933, the said concern reconveyed this disputed 6 bighas 1 katha to the plaintiff by a registered sale-deed. The plaintiffs case was that in Sawan, 1349 Fasli, the defendant dispossessed him from the land on the strength of a sale-deed which had been executed in his favour by one Mr. Richardson, the managing proprietor of the Jhapaha concern, and hence be filed this present suit on the 5th April, 1945, with the prayer that his title on the strength of the sale-deed, dated the 7th June, 1933, be declared and a decree for khas possession with mesne profits be granted to him.

2. The claim was resisted by the defenda







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