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1962 Supreme(Pat) 37

KANHAIYA SINGH, RAMRATNA SINGH
Bhageran Rai – Appellant
Versus
Bhagwan Singh – Respondent


Judgment

Kanhaiya Singh, J.

1. This is an appeal by the plaintiffs from the judgment and decree of the Additional District Judge, Patna, dated 22nd July, 1958, reversing the Judgment of the Additional Subordinate Judge of the same place, dated 9th September, 1937, by which their suit for specific performance of contract had been decreed.

2. The plaintiffs, seven in number of whom plaintiffs 5, 6 and 7 are minors, represented by their next friend and natura1 guardian, constitute a Hindu joint family with plaintiff No. 1. as the karta and manager. Similarly, defendants 1 to 4, of whom defendants 3 and 4 are minors, represented by their natural guardian, constitute another Hindu joint family, of which defendant No. 1 is the karta. Defendants 5 and 6 are purchasers from defendants 1 to 4. The plaintiffs family and defendants 7 and 8 are partners, holding equal shares in Patna Brick Manufacturing Company, which is defendant No. 9 (hereinafter referred to as the Company).

3. Defendants 1 to 4 Owned and possessed 3 bighas 1 1/4 kathas of land comprised in Survey plot No. 4734 under khata No. 1365 situate in village Makdumpur Digha. They gave in lease 2 Bighas, out of the said land, to the




























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