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1967 Supreme(Pat) 31

TARKESHWAR NATH, B.N.JHA
Ramachandra Pd. Singh – Appellant
Versus
Rampunit Singh – Respondent


Judgment

Tarkeshwar Nath, J.

1. This appeal by defendants 1 to 10 (defendants 1st party) arises out of a suit for a declaration that the mortgage bonds dated 18-9-1925, 2-11-1928 and 4-1-1929 were forged, fraudulent, fictitious, without valid necessity and consideration and were not genuine and binding against the plaintiffs and the debts alleged to have been incurred were illegal and immoral. The two plaintiffs further wanted a declaration that the preliminary and the final decrees in Mortgage Suit No. 72 of 1938 obtained on the basis of those bonds were illegal and invalid and the auction sale dated 8-9-1942 and the delivery of possession dated 10-1-1943 in Mortgage Execution Case No. 203 of 1941 were altogether null and void and ineffective and they were not at all binding on the plaintiffs. They wanted a further declaration that all the processes of the rent suit and the execution case were suppressed and the possession of defendants 1st and 2nd parties in respect of the lands described in Schedule 1 of the plaint were illegal. The plaintiffs further made a prayer for a decree for recovery of possession in respect of those properties described in Schedule 1 of the plaint and a d



























































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