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1964 Supreme(Pat) 63

RAMRATNA SINGH
Ram Deyal Singh – Appellant
Versus
Mt. Indrasan Kuer – Respondent


Judgment

Ramratna Singh, J.

1. This second appeal by the plaintiff arises out of a suit for declaration of title to an area of about 12 bighas of culturable land, on the basis of a sale deed, dated the 1st February 1945, executed by two brothers, named Rajkishore and Nandkishore, who were, admittedly, the raiyats of the land, which is situated in three contiguous villages. A portion of the suit land had been given in usufructuary mortgage to some persons by Rajkishore and Nandkishore a few years before 1945-In respect of that area, which is recorded in silvery plot No. 4026, the plaintiff has sought a relief for redemption of the mortgage. Further, the plaintiff has also sought for confirmation of possession or, in the alternative, recovery of possession of the suit land. There is another prayer for adjudication that the two sale deeds, apparently dated the 12th January, 1945, one in favour of defendant No. 2 and the other in favour of the husband of defendant No. 1, were antedated, fraudulent and collusive.

2. The case of the plaintiff was that, on the 31st January, 1945 a contract for sale of the suit laud for Rs. 9,000.00 between him and the two vendors was entered into and the v
























































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