KANHAIYA SINGH, RAMRATNA SINGH
Mahipat Missir – Appellant
Versus
Ganpat Sah – Respondent
Ramratna Singh, J.
1. This Letters Patent appeal by some of the defendants arises out of a suit for declaration of title to, and confirmation of possession, or, in the alternative, recovery of possession, of 1 bigha 5 Kathas and odd land comprised in survey plot Nos. 65, 66 and 66/1421, in village Damodarpur alias Dumri. The trial Court dismissed the suit, but the first appellate Court decreed it; and a second appeal was dismissed by a Single Judge of this Court. Hence, the present appeal.
2. The suit land belonged to one Deonarayan Thakur who died in 1945, leaving behind a widow, named Rajmato Kuer (defendant No. 7). He had a son, named Chaturbhuj, who died before 1937, leaving behind him a son, Shyamnandan (defendant No. 6), and a widow, Mossamat Sripato Kuer (defendant No. 8). The plaintiff-respondents first party acquired the suit land under a registered sale deed dated the 5th December, 1947, executed by defendant Nos. 6 and 8. The appellants, who are defendants 3 to 5, also took a sale deed in respect of the suit land, but it was executed by defendants 6 to 8. This sale deed purported to have been executed on the 26th November, 1947, but it was presented for registrat
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