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1953 Supreme(Pat) 26

S.K.DAS
Mangal Das Chaudhury – Appellant
Versus
Bhageran Sao – Respondent


Judgment

Das, J.

1. This is a second appeal by the plaintiffs and is directed against the judgment and decree dated 6-2-1952, passed by the learned 3rd Subordinate Judge of Patna, by which he reversed the judgment and decree of the learned 1st Additional Munsif of Patna, dated 21-7-1951, in a suit for a declaration of title and for possession in respect of 9 dhurs of land. The material facts are the following. The present appellants, who were plaintiffs in the Court of first instance, had a plot of land, numbered plot 85, in village Mosimpore Kurtha. The area of the plot was about 1 katha and 5 dhurs only. Adjacent west of the said plot was plot No. 86, which belonged to the respondents, defendants in the action. The appellants alleged that their father had purchased plot No. 85 by means of a sale deed dated 24-5-1917. Their case further was that their father built a kuchcha house on 16 dhurs of land and left about 9 dhurs as khund towards south and west; about 15 or 16 years ago the kuchcha house was demolished and in its place a pucca building was constructed. Some piece of land was left at the back of the house on which there was a latrine. The appellants alleged that the respond









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