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1953 Supreme(Pat) 168

V.RAMASWAMI, SINHA
Wali Mohammad – Appellant
Versus
Gyan Prakash Naga Babaji – Respondent


Judgment

Ramaswami, J.

1. These appeals are presented against the judgment and decree of the Special Subordinate Judge of Ranchi dated 11-12-1946. First Appeal No. 26 of 1947 is on belialf of defendants 1 to 5 and First Appeal No. 104 of 1947 is on behalf of the Ranchi Municipality.

2. The dispute relates to a triangular piece of land located in the town of Ranchi. The land is .143 acre in area and covers plots 1715, 1716 and 1717 of the Municipal Survey. The Municipal Survey took place in the year 1929 and defendant No. 7, Baralal, was recorded in the khatian for all the three plots. Baralal had given land on lease to Ganga Prasad Budhia, defendant No. 6, who defaulted in payment of rent. Baralal obtained a decree for rent in the Civil Court and in execution of that decree the plaintiff purchased the land in court sale for a sum of Rs. 8,051 on 16-11-1942. The plaintiff obtained a sale certificate and was given possession of the land in due course through Court. The plaintiff applied for mutation of his name in the Municipal records. Mutation was made and the plaintiff was assessed to Municipal tax from the first quarter of 1943-44. The plaintiff alleges that some Moham-madans of R



























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