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1963 Supreme(Pat) 50

K.AHMAD
Mohari Mahto – Appellant
Versus
Mokaram Mahto – Respondent


Judgment

K.Ahmad, J.

1. Admittedly, the properties in suit, which are given in schedules A and B of the plaint, were originally owned and possessed by one Bodhnath Mahton of Chhotanagpur, that means, a member of aboriginal tribes of non-aryan descent. Bodhnath Mahton is said to have died sometime in 1946, leaving behind him his widow Mosammat Mahrangi arid a daughter Salo. The case of the plaintiff, who is the respondent here, is that on the death of Bodhnath Mahton, all his properties including the properties in dispute was inherited by his widow Mosammat Mahrangi. Thereafter Mosammat Mahrangi is said to have executed a registered deed of gift in respect of the properties in dispute on the 27th March 1948 in favour of his daughter Salo and her two daughters sons, Baijnath Mahlon and Raghunath Mahto. Thus since then, according to the plaintiff, it were the donees who were the owners of these properties and had been in possession thereof. It is said that on the 25th May, 1948, these donees executed two registered documents, both in favour of the plaintiff. By one of them, a permanent Rayati lease was created in respect of the lands of Khata No. 68, which is referred to in schedule A


























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