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1959 Supreme(Pat) 22

S.C.PRASAD
Punit Mahton – Appellant
Versus
Mahabir Mahton – Respondent


Judgment

S.C.Prasad, J.

1. This is a plaintiffs appeal, against the judgment of the learned Additional District Judge of Patna reversing a decision of the Munsif of Barh.

2. The Facts of the case, briefly stated, are that one Mt. Puna Kuer who was the proprietress of sixteen annas share o£ village Narachwar had mortgaged this village together with four annas interest in another village Amarpur for Rs 475/- on 30-5-1886, to Harkhu Singh and Dhunmun Singh, the mortgage deed having been taken in the Farzi name of one Haredayal Mahton. In October, 1904, the heirs of Mt. Puna Kuer sold twelve annas share in village Narachwar to one of the mortgagees, Harkhu Singh, by a registered kebala, which had been taken by Harkhu Singh in the farzi name of one Parsidh Singh whose sons executed a Jadabi deed on 17-9-1943, in favour of defendants 16 and 17, the heirs of Harkhu Singh, who subsequently also acquired the remaining four annas share in this village Narachwar by a compromise in Title Suit No. 16 of 1943.

3. On 17-5-1950, defendants 16 and 17 sold their share in village Narachwar by a registered kebala of the above date to the plaintiffs for Rs. 10,300/-. out of which Rs. 8,325/- was paid in


















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