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1957 Supreme(Pat) 67

V.RAMASWAMI, KANHAIYA SINGH
Rajendra Prasad – Appellant
Versus
Jai Prakash Pandey – Respondent


Judgment

1. This appeal is brought on behalf of the plaintiffs from a judgment of Das, J., dated the 3rd of May, 1954, under the Letters Patent.

2. It appears that on-the 11th of October, 1919, the plaintiffs executed a mortgage bond in favour of defendant No. 1 for certain properties described in Schedule 1 of the compromise petition dated the 28th of January, 1931 (Exit. A). The description of the plots was made with reference to the survey of 1899-1900. On the 13th of February, 1930, defendant No.1 brought a mortgage suit, namely, Mortgage Suit No. 14 of 1930, for the sale of the properties. In the plaint of the mortgage suit the property in dispute was described in two schedules. Schedule 1 describing the property with reference to the old survey numbers and Schedule 2 describing the property with reference to the new survey numbers. On the 28th of January, 1931, the suit ended in a compromise, the compromise decree being exhibit A. In pursuance of terms of the compromise the properties were sold in execution, and on the 26th of December, 1933, the defendants first party purchased the properties and obtained possession. On the 30th of July, 1944, the defendants second party purc








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