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1961 Supreme(Pat) 101

RAMRATNA SINGH, KANHAIYA SINGH
Bhola Ram Lieri – Appellant
Versus
Peari Devi – Respondent


Judgment

Ramratna Singh, J.

1. The suit out of which this appeal arises was for the recovery of possession of two holdings situated within the Madhupur Municipality, with mesne profits from the 2nd September 1952. As the suit was decreed, the defendants have preferred this appeal.

2. One Padarath Koeri had four sons, of whom two died long ago without leaving any issue or widow. Of the remaining two, Hira Koeri died leaving a son, Bhola Koeri, defendant No. 1, and defendants 2 to 4 are sons of Bhola Koeri. The second son of Padaralh Koeri named Sheodutt executed a will on the 4th February 1936 in respect of the houses standing on these holdings in favour of Harihar Prasad, plaintiff No. 3 son of the brother of Sheodutts wife, Musammat Kabutari (defendant No. 5), and also in favour of Durga Prasad (plaintiff No. 4), son of Sheodutts daughters daughter. On the 5th June 1948, Sheodutt superseded the will by executing a deed of gift in respect of these very holdings in favour of plaintiffs 1 and 2 who are, respectively, the wives of plaintiffs 3 and 4. These two donees got their names recorded in the records of the Ghatwal, who was the landlord, and also in the records of the Municipalit






























































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