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1963 Supreme(Pat) 94

A.B.N.SINHA
Bhogal Paswan – Appellant
Versus
Mt. Bibi Nabihan – Respondent


Judgment

A.B.N.Sinha, J.

1. This appeal is by the defendants. It is directed against the concurrent decisions of the Courts below decreeing the plaintiffs suit for declaration of title to, recovery of possession of and mesne profits in respect of 1 bigha 11 kathas 11 dhurs of land out of survey plots 265 and 269 appertaining to khata No. 79, tauzi No. 7143 of village Sahdeni, district Muzaffarpur, which admittedly belonged to one Sheikh Mahbub whose name stood recorded in the survey record of rights in respect of the khata in question. According to the defendants-appellants themselves, Sheikh Mahbub died sometime in 1906.

2. Trie plaintiff claims to be the daughter of Sheikh Mahbub. Her case is that after the death of her father, she along with her mother inherited the properties including khata No. 79 left by him and continued in possession as such. Her mother, according to her case, died about twelve years before the institution of the suit, and, the plaintiff asserted that since then she has continued in exclusive possession of the suit lands until the 15th November, 1955 when the defendants illegally dispossessed her. On these allegations, the plaintiff prayed for declaration of






















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