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1958 Supreme(Pat) 121

R.K.CHOUDHARY, V.RAMASWAMI
Baldeo Jha – Appellant
Versus
Ganga Prasad Jha – Respondent


Judgment

R.K.Choudhary, J.

1. This application in revision has been presented by the defendants first party against the decree passed by the Munsif, first court at Begusarai, exercising small cause court powers, in small cause court suit No. 54 of 1954. The plaintiffs opposite party instituted a suit for recovery of a sum of Rs. 69-4-0 as their share of the Government pension received by the petitioners with interest thereon, The case of the plaintiffs is that they and the defendants first and second parties descended from a common ancestor and are the Pandas of a temple at Jaimanagala Garh. This temple receives an annual pension of Rs. 40 from the Government. The plaintiffs claimed to have eight annas interest therein and, according to them, the defendants first and second parties each have four annas interest. There was a dispute between the parties with respect to their right in regard to the above pension and this gave rise to two title suits, being title suits Nos. (113/73 of 1944/46 & 230/94 of 1944-46 filed in the court of the Munsif at Begusarai. Both the suits were made analogous and were compromised. The compromise was recorded and a decree based on that compromise was pas











































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