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1952 Supreme(Pat) 121

NARAYAN
Ram Narain Chand – Appellant
Versus
Purnea Banking Corporation Ltd. – Respondent


Judgment

Narayan, J.

1. This is an appeal by the defendants, and it arises out of a suit for declaration of title and recovery of possession with regard to two blocks of land, one of which has got an area of 5 bighas and other an area of 15 bighas. The Purnea Banking Corporation Ltd. are the plaintiffs, and they claim to have purchased the Schedule A land in execution of a decree against defendant 2 on 2-2-1943 and obtained delivery of possession on 26-5-1943. The plaintiffs are the proprietors of tauzi No. 290 under which the lands in suit lie, and according to the case put forward by them the Schedule A land was formerly the raiyati land of the father of defendant 1. In execution of a decree against the father of defendant 1, defendant 2 had purchased the land in or about the year 1937, and the plaintiffs as the 16 annas landlords had to institute Rent Suit No. 110 of 1941 against defendant 2 for the rent of the said holding of 5 bighas. In execution case No. 974 of 1942 the plaintiffs purchased the said holding on 2-2-1943, and the sale was confirmed on 5-3-1943. It was alleged that after the delivery of possession in their favour the defendants began to create troubles and ultim














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