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1965 Supreme(Pat) 110

A.B.N.SINHA, K.SAHAI
Prithwinath Singh – Appellant
Versus
Suraj Ahir – Respondent


Judgment

Sahai, J.

1. This appeal by the plaintiffs is directed against an order passed under Sec.144 of the Code of Civil Procedure.

2. The facts of the case may be shortly stated. The plaintiffs instituted a suit on the 18th November, 1946, for declaration of their title to, and recovery of possession over, 10.24 acres of lands along with mesne profits. Their allegation was that the defendants were mortgagees of the lands, and the plaintiffs had redeemed the mortgage. The trial Court dismissed the suit on the 8th March, 1948, and thereupon the plaintiffs filed First Appeal No. 143 of 1948 in this Court. Admittedly, the estate, which included the lands in suit, vested in the State of Bihar on the 1st January, 1956. This Court heard First Appeal No. 143, and, by a judgment dated the 28th January, 1958, allowed the appeal. The suit was thus decreed not only for declaration of title and recovery of possession but also for mesne profits. The defendants filed Civil Appeal No. 533 of 1960 in the Supreme Court. On the 6th May, 1959, the plaintiffs took delivery of possession of the lands in dispute. By a judgment dated the 4th May, 1962, the Supreme Court, while upholding the findings of























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