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1953 Supreme(Pat) 174

CHOUDHARY, AHMAD
Kanhaiya Singh – Appellant
Versus
Bhagwat Singh – Respondent


Judgment

Choudhary, J.

1. This appeal by the plaintiffs is directed against the judgment and decree of the first Additional Subordinate Jurge of Arrah affirming those of the Munsif, 2nd Court, Buxar.

2. On 23-10-1907, plaintiff No. 1 and the ancestors of the other plaintiffs gave 10.25 acres of land appertaining to plot Nos. 122 and 125 of Khata No. 10 and plot No. 128 of Khata No. 21 in usufructuary mortgage to defendant No. 1 by means of a usufructuary mortgage bond, exhibit 2 (a). On 20-7-1909, they again gave 5.48 acres of land in usufructuary mortgage to defendant No. 1 by means of a usufructuary mortgage bond, exhibit 2, and one of the plots covered by that mortgage bond is plot No. 32 of Khata No. 21 having an area of 2.96 acres. On the same day they executed in his favour a third usufructuary mortgage bond, exhibit 2(d), in respect of 7.21 acres of land consisting of various plots one of which was plot No. 16 of khata No. 25 having an area of 1.59 acres. They also executed in his favour a fourth usufructuary mortgage bond with respect to 3.65 acres of land. The total area covered by all the four usufructuary mortgage bonds was 26.59 acres.

3. In 1941 the plaintiffs made paym























































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