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1952 Supreme(Pat) 69

S.K.DAS
Gouri Shanker Singh – Appellant
Versus
Ram Singhasan Singh – Respondent


Judgment

Das, J.

1. This is a second appeal by the plaintiffs and arises out of a suit for partition. By the suit, the appellants, who are two brothers, claimed partition of their half share in Khewat No. 1/17 of village Adampur Tarari, Patti Kalan, Tauzi No. B. No. 1. The case of the appellants was that khewat 1/17 represented a separate and distinct takhta of 6 dams, 13 cowries and odd interest in which the share of the appellants was 3 dams, 6 cowries and odd. The appellants claimed this share in the following way. It was alleged that there were two brothers called Modnarayan and Rampratap, and each of these two brothers had half share in the said takhta. The proprietary interest of Rampratap was sold in a certificate sale held on the 18th of September, 1933 and was purchased by one Sk. Latif Hussain. The sale certificate showed that 6 dams, 9 cowries and odd share in village Adampur Tarari, Patti Kalan, relating to tauzi B. No. 1, separate account No. 36, was sold to Sk. Latif. Latif in his turn sold the purchased interest to the appellants by means of a sale deed dated the 7th of December, 1933. The appellants asked for mutation of their names in Register D and were recorded in















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