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1957 Supreme(Pat) 4

KANHAIYA SINGH, RAI
Nathaniel Uraon – Appellant
Versus
Mahadeo Uraon – Respondent


Judgment

Kanhaiya Singh, J.

1. This is a plaintiffs Second Appeal from the judgment of Mr. Muhammad Ataur Rahman, Additional Subordinate Judge, Ranchi, dated the 31st March, 1949, reversing a decision of Mr. Maheshvary Sahay, Additional Munsif, Ranchi, dated the 30th November, 1943.

2. The plaintiffs instituted this suit for possession of 3.08 acres of land comprised in Survey plots Nos. 564, 565, 566 and 2489 under khata No. 141 in village Lawagain. It is common ground that the plaintiffs and defendants Nos. 1 to 7 are descendants of the common ancestor, Sukra Jogia Uraon, defendant No. 1, in the first instance executed in favour of Allah Bux, defendant No. 10, a usufructuary mortgage bond dated 9-3-1943 for a consideration of Rs. 100/-hypothecating thereby the disputed land and thereafter transferred to defendant No. 9 plot No. 2489 for a consideration of Rs. 100.00 by virtue of a registered sale-deed dated 28-5-1948, exhibit. B, and to Mahadeo, defendant No. 8, plot No. 566 for a consideration of Rs. 100.00 by another registered sale-deed dated 24-1-1944, exhibit B-1.

The lands comprised in Khata No. 141 are the ancestral raiyati lands of the plaintiffs and defendants Nos. 1 to 7

































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