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1956 Supreme(Pat) 27

MISRA, AHMAD
Prahlad Pd. Modi – Appellant
Versus
Tikaitni Faldani Kumari – Respondent


Judgment

Ahmad, J.

1. These two applications have been heard together as they arise out of the same case registered as title suit No. 23 of 1952 in the Court of the Sub-ordinate Judge at Deoghar. Civil Revision No. 1015 is by Prahlad Pd. & is directed against the order D/-7-10-1955, while Civil Revision No. 1075 is by S.K. Chatterjee and is directed against the order dated 2-8-1955. Both these petitioners in the Court be low were the third party objectors in a proceeding taken by them against the action of the party receiver appointed in the cause during the pendency of the appeal in the Supreme Court.

Their common claim was that they had been in possession of the properties specified in their petitions from long before the date of the appointment of that receiver, e.g., Tikaitni Faldeni Kumari Ghatwalin, the plaintiff-appellant in the Supreme Court and now the common opposite party No. 1 in this Court, and that their possession over the same was based on their own independent paramount title, and therefore, in law under Order 40 Rule 1(2), Civil P. C. they were not liable to be removed from the possession of those properties at the instance of the receiver.

2. The subject-matter of





























































































































































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