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1957 Supreme(Pat) 98

K.SAHAI
Ramyad Singh – Appellant
Versus
Mt. Pan Kuer – Respondent


Judgment

K.Sahai, J.

1. Second Appeal No. 776 of 1952 arises out of Title Suit No. 151 of 1948, and Second Appeal No. 77 of 1952 arises out of Title Suit No. 169 of 1948. Title Suit No. 151 was instituted by Gonour Sah for declaration of title to, and recovery of possession over, 6 kathas 10 dhurs of lands comprised in plot No. 253 appertaining to khata No. 103 in village Sain. Title Suit No. 169 was instituted by Jagdish Sah and another for declaration of title, and recovery of possession over, 5 kathas 10 dhurs of lands comprised in plot No. 308 appertaining to khata No. 94 in the same village. The plaintiffs of both the suits claimed to have purchased the lands in question under two registered deeds dated 27-6-1945, executed by one Dhurandhar Rai, son of Sunder Rai, who was the recorded tenant in respect of both the khatas.

2. Ramyad Singh was defendant No. 1 in both the suits, and he contested them. His case was that his father, Dwarka Rai, was a first cousin of Sunder Rai, and that Sunder and Dwarka were members of a Mitakshara joint Hindu family. He further alleged that Dwarka Rai was a minor during the survey operations, and Sunders name was recorded in the survey record-of-r

























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