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1960 Supreme(Pat) 29

KANHAIYA SINGH, V.RAMASWAMI
Mt. Sampato Kuer – Appellant
Versus
Dulhin Mukha Debi – Respondent


Judgment

1. The question at issue in this appeal is whether the plaintiffs are entitled to attach and sell the disputed plots of village Paharpur which originally belonged to one Salig Missir. It appears that after the death of Salig Missir his widow. Mst. Patasho Kuer, came in possession of all his properties. The plaintiffs had brought a suit against Salig Missir for setting aside an auction sale of an area of 1.53 acres of land of khata no. 182 of village Barja. The plaintiffs got a decree in that suit and was awarded costs against defendant No. 4, the widow of Salig Missir. In executing the decree for costs the plaintiffs attached the disputed land. An objection was filed by defendants Nos. 1 to 3 in the execution proceedings, saying that the plaintiffs had no right to attach or sell the disputed land, The reason given by defendants 1 to 3 was that defendant No. 4 had executed deeds of gift of all the lands which devolved upon her after the death of Salig Missir. Defendant No. 4 executed the deeds of gift in favour of her daughters, defendants 1 to 3, and also in favour of certain reversioners. The deeds of gift are exhibits B, B (1) and B(2) and are dated 16-5-1947 and 17-5-194




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