RAJ KISHORE PRASAD
Mt. Tapesara Kuer – Appellant
Versus
Kalap Rajwar – Respondent
Raj Kishore Prasad, J.
1. This appeal, by defendant No. 1, is directed against the concurrent decisions of the courts below decreeing the suit of the plaintiff respondent.
2. The plaintiffs case was that he took settlement of the disputed land from Mangal Prasad Singh, the original Malik of the disputed land, about 25 years back, on the basis of a sada patta, on payment of nazarana, and since the settlement he was in continuous possession of the disputed land till he was forcibly dispossessed by the appellant about four years back. The plaintiffs further case was that the sada patta was lost, but he paid regularly rent, and got receipts from Man-gal Prasad, and his nephew Mathura, who was malik after the death of Mangal.
He further pleaded that there was a partition between Mathura and Jadunath, by virtue of which the disputed land fell to the share of Jadunath, defendant 2, and the plaintiff paid rent to him also regularly, but he did not grant him any receipt, and he set up defendant 1, the appellant to claim the suit land, as against the plaintiff.
3. The suit was contested by the appellant only. Her case was that she took settlement of the disputed land from Jadunath, d
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