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1954 Supreme(Pat) 8

V.RAMASWAMI, CHOUDHARY
Hargobind Singh – Appellant
Versus
Rambaran Paswan – Respondent


Judgment

Choudhary, J.

1. These two proceedings are between the same parties, and arise out of the same matter. M. J. C. No. 145 of 1903 is under Article 227 of the Constitution of India, and M.J.C. No. 143 of 1903 is under Article 226 of the said Constitution.

2. The proceedings relate to .45 acre of land consisting of plot Nos. 229, 200, and 228, situate in village Sultanpur in the District of Patna appertaining to tauzi No. 132C/473. The case of the petitioners is that the land in question was their raiyati land and they were in actual possession of plot No. 229. Plot Nos. 228 and 200 were in possession of respondents 1 to 4, not as tenants, but by their leave and license as they rendered services to them as ploughmen. The petitioners filed a title suit, No. 93 of 1948, in the court of the Munsif at Barn for ejectment of the aforesaid respondents from plot Nos. 200 and 228 and for confirmation of their possession over plot No. 229. The suit was decreed by the trial court on 23-4-1951, and the said respondents filed an appeal before the lower appellate court. The learned Additional Subordinate Judge who heard the appeal upheld the judgment and decree of the trial court on 30-4-195


















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