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1968 Supreme(Pat) 198

S.C.MISRA, U.N.SINHA, R.K.CHOUDHARY
Ram Niranjan Das – Appellant
Versus
Loknath Mandal – Respondent


Judgment

S.C.Misra, J.

1. This is an appeal by the defendants-first-party. It arises out of a suit for a declaration of title and recovery of possession in respect of 7.50 acres of land equivalent to 11 bighas 14 kathas 15 dhurs. The suit was instituted by fourteen sets of plaintiffs and the lands claimed have been shown in twelve schedules. The lands comprised in schedules Nos. 1 to 9 of the plaint were claimed by the plaintiffs first party to ninth party, respectively; the land of schedule No. 10 was claimed by the plaintiffs tenth, eleventh and twelfth parties; the land of Schedule II was claimed by the plaintiff thirteenth party; and the land of schedule No. 12 was claimed by the plaintiff fourteenth party. The suit was instituted for a declaration and recovery of possession, inasmuch as an order was passed against the plaintiffs by the Criminal Court in a proceeding under Sec.145 of the Code of Criminal Procedure. The disputed lands, admittedly, were portions of cadastral survey plots Nog. 29 to 43 and 45. The plaintiffs claimed these schedule lands as aforesaid on the ground that they were portions of the lands held by them under the aforesaid plot numbers comprised in thana N





































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