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1960 Supreme(Pat) 153

RAJ KISHORE PRASAD
Jitu Mahton – Appellant
Versus
Widow Of Puran Mohton – Respondent


Judgment

Raj Kishore Prasad, J.

1. This appeal, by the only plaintiff, is from a judgment of the learned Special Subordinate Judge, Ranchi, who set aside the decree of the trial Judge, in favour of the plaintiff, and, dismissed his suit.

2. The appeal in this Court has stood dismissed, as against defendants-respondents 4, 5, 6, 8, 11, 13 and 14.

3. The sole question, now, for determination, is, whether the appeal, in their absence, is competent?

4. In order to decide this question, it is necessary to mention, briefly, the facts of the case.

5. The plaintiff brought a suit, out of which the present appeal arises, for declaration of title to and recovery of possession of 2.64 Acres of land, under Revisional Survey plot No. 465 which was recorded in the survey khatian as Ghairmazrua malik, on the ground that the said land had been settled with him by the landlord of the village in which the land was situated. His case was that the defendants had forcibly, without any title, cut away the paddy standing on the land in suit, and, wrongfully dispossessed him from the same,

6. All the defendants, who were fifteen in number, including the defendants against whom the appeal has stood dismisse









































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