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1963 Supreme(Pat) 95

V.RAMASWAMI, K.SAHAI, R.K.CHOUDHARY
Ram Nath Mandal – Appellant
Versus
Jojan Mandal – Respondent


Judgment

1. In the suit out of which this appeal arises the plaintiffs alleged that they had taken settlement of 16 kathas 12 dhurs of plots 2663 and 2612 appertaining to khatas 74 and 75 of village Jitapur from the defendants 2nd party who are co-sharer landlords to the extent of 6 annas 8 gandas share, It was contended by the plaintiffs that they had taken settlement in 1349 Fasli by means of a Parwangi granted on behalf of the co-sharer landlords. The suit was contested on behalf of the defendants 1st party who alleged that they had taken settlement of 2 bighas 7 kathas, including the disputed and, from the defendants 3rd party who are co-sharer malihs to the extent of 9 annas 12 gandas in the same tauzi. The suit was dismissed by the trial Court on the ground that the plaintiffs had failed to prove their title or possession within the statutory period. The decree of the trial Court has been reversed by the lower appellate Court in appeal. The finding of the lower appellate Court is that the plaintiffs had established their case of settlement from the defendants 2nd party who are co-sharer landlords to the extent of 6 annas 8 gandas share, It has also been found by the lower appe




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