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1960 Supreme(Pat) 20

U.N.SINHA
Ramsaran Mahton – Appellant
Versus
Harihar Prasad – Respondent


Judgment

U.N.Sinha, J.

1. This is an appeal by the plaintiffs. It arises out of a suit instituted by the plaintiffs for declaration of their title to and for recovery of possession of 1.29 acres of land appertaining to plots Nos. 1693 and 1418 in village Muamma. The plaintiffs case was that the land in dispute originally belonged to two brothers, named Azrul Haq and Mohammad Mustafa and their sister Rashidunnissa. The land was sold by these three persons on the 28th of January, 1948, for a consideration of Rs. 4800.00 to two persons, namely, Sheonandan Singh and Awadhesh Nandan Prasad. The sale deed contained two schedules of property. Schedule 1 indicated that the property included therein had been sold to Sheonandan Singh for Rs. 3800 and Schedule 2 indicated that the property included in that schedule had been sold to Awadhesh Nandan Prasad for Rs. 1000/-. The plaintiffs claimed that they had purchased the property mentioned in Schedule 1 of the sale deed, dated the 28th of January, 1948, from Sheonandan Singh by a sale deed dated the 30th June, 1948.

According to the plaintiffs case Sheonandan Singh had come in possession of Schedule 1 property mentioned above after his purchase
































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