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1962 Supreme(Pat) 54

KANHAIYA SINGH, S.N.P.SINGH
Sheodeni Kuer – Appellant
Versus
Umashankar Prasad Sahi – Respondent


Judgment

Kanhaiya Singh, J.

1. Jamuna Prasad Sahi, resident of Mauza Sandha, died leaving him surviving two sons, Ramashankar Sahi and Umashankar Sahi. In 1942 Ramashankar executed a usufructuary mortgage bond dated 21st December, 1942 (exhibit C) in favour of his brother, Umashankar, in respect of 3 kathas 11dhurs of land for a consideration of Rs. 50/-. There is a recital in this bond that after the death of their father the two brothers Ramashankar and Umashankar, separated in all respects and are still separate. In 1943 Ramashankar executed in favour of Srimatl Dulhin Radha Devi, wife of his brother Umashankar, a registered sale deed conveying to her 3 bighas 14 kathas 13 1/2 dhurs of kasht land i.e., all the lands he was possessed of, for a consideration of Rs. 500.00 (Vide exhibit A). Out of the consideration, the vendee retained with herself Rs. 50.00 for redemption of the aforesaid mortgage (exhibit C). The reason for the sale, as recited therein, was that three years before, Ramashankar had settled in mauza Bahur Chapra, his father-in-laws place and wanted to purchase lands there, as he felt considerable difficulty in cultivating those lands from a long distance. Ramashanka













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