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1963 Supreme(Pat) 35

R.K.CHOUDHARY
Dulari Singh – Appellant
Versus
Bijendra Singh – Respondent


Judgment

R.K.Choudhary, J.

1. This is an application under Sec.25 of the Small Cause Courts Act. Petitioners 1 and 2 executed two rehan deeds on the 28th May 1960, in favour of the plaintiff-opposite party for Rs. 1300.00 each. On the 8th March, 1961, they sold the ijara lands to one Ramlagan Singh for Rs. 3900.00 and out of the consideration money left in deposit a sum of Rs. 2600.00 with the purchaser to be paid to the rehandar. On the 8th of June 1961, Ram-lagan Singh deposited the mortgage money under Section 83 of the Transfer of Property Act, and notice of the deposit was served on the opposite party. On the 12th July, 1961, the opposite party withdrew the money after giving a registered receipt (Ext. B), as required by Section 83 of the Transfer of Property Act. Thereafter, on the 7th October, 1961, the opposite party filed a Small Cause Court suit against the petitioners, out of which the present applica-tion arises for compensation on the ground that he never got possession of the ijara lands during the continuance of the ijara. The plea taken in defence by the petitioners was that the opposite party was all along in possession. The learned Small Cause. Court Judge, however













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