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1952 Supreme(Pat) 51

V.RAMASWAMI, SARJOO PRASAD
Satdeo Singh – Appellant
Versus
Kamal Singh – Respondent


Judgment

Ramaswami, J.

1. The question that arises in this appeal is whether the plaintiffs ought to be granted a decree for redemption and accounts with respect to the properties described in schedule 4 of the plaint.

2. The dispute relates to khata No. 7, mouza Abdulpur Bujurg which is recorded in the name of Latafat Hussain and Nezamuddin. On 4-1-1923 Latafat executed an ijara deed with respect to 2 bighas 8 kathas 12 dhurs in the name of Lochan Mahto, who was karta of the joint family, which the defendants first party constitute. In 1934 or sometime before 1934 a rent suit was brought on behalf of the landlords against Latafat and Nezamuddin and in course of the execution of the decree Lochan Mahto made a deposit of the entire decretal amount under the provisions of Sec.171, Bihar Tenancy Act. The deposit was made on 21-7-1937 and possession was given to Lochan of the entire holding No. 7 on 20-12-1937. A second rent suit was brought in 1937 by the landlords and in execution of the decree defendants 1st party purchased plots 140, 326 and 125 in the name of Sahdeo Singh. On 23-11-1941 the plaintiffs purchased the land described in Schedule 4 of the plaint from Nezamuddin. The pro

























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