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1965 Supreme(Pat) 65

S.C.MISRA, G.N.PRASAD
Surajmal Marwari – Appellant
Versus
Rampearaylal Khandelwal – Respondent


Judgment

G.N.Prasad, J.

1. This is an appeal by the principal defendants (defendants 1 to 3) in a suit instituted by the plaintiff respondent for declaration of his title to and recovery of khas possession over a house property comprised in plot No. 463 of Mauza Kirkend within Pargana Jharia. There was also a claim for damages for use and occupation of the property.

2. It is now undisputed that the property which originally belonged to the defendants or their predecessor in interest was conveyed to the plaintiff by a registered sale deed (Ext. 1) dated the 9th October 1922 for a consideration of Rs. 5,000.00 made up of certain earlier dues of the defendants to the plaintiff. It is also undisputed that after the title had passed to the plaintiff, the defendants continued in possession of the property as tenants under the plaintiff. A letter (Ext. 13/-e) acknowledging the tenancy was written by Lachmi Narain, the lather of the principal defendants, on the very day on which the sale deed (Ext. 1) was executed, and the rent agreed upon was Rs 7.8.0 per month for a portion of the house. Subsequently, other documents described as Kirayanamas were executed by Lachmi Narain, whereby the def



















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