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1961 Supreme(Pat) 67

H.MAHAPATRA, TARKESHWAR NATH
Darshan Dass – Appellant
Versus
Ganga Bux – Respondent


Judgment

Tarkeshwar Nath, J.

1. These two first appeals are by the plaintiffs of two title suite. First Appeal No. 240 of 1956 arises out of Title Suit No. 22 of 1955 whereas the other First Appeal No. 446 of 1956 arises out of Title Suit No. 15 of 1955.

2. The facts giving rise to these litigations are these. The plaintiff of Title Suit No. 22 of 1955 obtained a decree for money against defendants 2 to 4 (defendants 2nd party) for a sum of Rs. 19,112/8/- in Money Suit No. 37 of 1953 and filed Execution Case No. 77 of 1954 for executing that decree. Similarly, the plaintiff of Title Suit No. 15 of 1955 obtained another money decree fur a sum of Rs. 4,946/3/3 pies in Money Suit No. 107 of 1953 against the same defendants and there was an Execution case No. 90 of 1954 in respect of that decree. It appears that defendant No. 1 (defendant 1st party) of both the suits got a deed dated the 20th of April, 1950 (Exhibit E) executed in his favour by Hari Ram Jalan, husband of defendant No. 4 and father of defendants 2 and 3, in respect of a house in the town of Muzaffarpur for a sum of Rs. 10,000/-. The controversy between the parties in the present case was as to whether this deed was a mor












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