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1952 Supreme(Pat) 7

REUBEN, LAKSHMIKANTA JHA
Manir Momin – Appellant
Versus
Kameshwar Singh – Respondent


Judgment

Reuben, J.

1. This appeal by the plaintiffs raises a point of limitation. It arises out of a suit for declaration of title to and confirmation of possession of a holding of 2 bighas 5 katnas 8 dhurs in village Bharathi in tauzi No. 6424, of which the proprietor is the defendant second party, and, in the alternative, for recovery of possession thereof. The plaintiffs-appellants are two brothers who, in 1921, purchased the holding from the original tenants, the defendants third party, by a registered sale deed, so that under Sec.26B of the Bihar Tenancy Act the sale is binding on the landlord proprietor. The landlord proprietor, nevertheless, in the year 1941, sued the original tenants, defendants third party, for arrears of rent in respect of the holding and got a decree. In that suit, plaintiff No. 1 was impleaded as a defendant. The landlord decree-holder then put the decree into execution and purchased the holding at an auction sale held on the 14th of June 1944. He took delivery of possession over the holding on the 7th of May 1945 and settled it with the defendants first party. The Munsif, holding that plaintiff No. 2 not being a party to the rent decree is not bound by


























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