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1952 Supreme(Pat) 83

V.RAMASWAMI, S.K.DAS
Sir Kameshwar Singh – Appellant
Versus
Ram Prasad Sharma – Respondent


Judgment

Das, J.

1. These two applications in revision arise out of an order of the learned Subordinate Judge of Monghyr, dated the 6th of January, 1951, in two miscellaneous cases, namely. Miscellaneous Case No. 41 and Miscellaneous Case No. 42 of 1950, before the learned Subordinate Judge.

2. The relevant facts are the following: The petitioner before us is the Maharajadhiraj of Darbhanga. The petitioner was the proprietor of a village called Rasulpur Makdum in the district of Monghyr. There is an adjoining diara village called Pundarak in the district of Patna, of which the State of Bihar, opposite party No. 3 before us, is the proprietor. The opposite parties classed together as the first party were lessees of Diara Pundarak, and the opposite parties classed together as the 3rd party were tenants of the Khas Mahal in respect of the lands in question. In 1928 there was a dispute about 125 bighas of land as to whether they lay in the petitioners village Rasulpur or in village Pundarak. The dispute resulted in a proceeding under Sec.145, Code of Criminal Procedure. That proceeding terminated against the present petitioner. Soon after there was another dispute regarding a block of 6














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