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1972 Supreme(Pat) 194

G.N.PRASAD
Jugal Kishore Tewari – Appellant
Versus
Umesh Chandra Tewari – Respondent


Judgment

G.N.Prasad, J.

1. This is a second appeal by the plaintiffs who won in the trial Court but have lost in the lower appellate Court. The dispute relates to 19 1/2 kathas of land forming the southern portion of R.S. Plot No. 1920, appertaining to Khata No. 519, in village Bagant Jahanabad, Police Station Lalganj, District Muzaffarpur. The total area of plot No. 1920 is 1 bigha 19 1/2 kathas and it formerly belonged to Bishwanath Tewari and others (defendants second party).

2. In 1952, Moti Chaudhary, the predecessor-in-interest of defendants third party, instituted a money suit (Money Suit No. 4 of 1952) against the defendants second Party and obtained ,a decree for Es. 1,682/- and odd. After Moti Choudharys death, the defendants third party put the decree into execution in Execution Case No. 139 of 1954 and on January 11. 1955, they auction purchased the lands described in Schedule No. 2 of the plaint and got the sale certificate from Court on April 9. 1955. They did not, however, take steps for delivery of possession, and on April 4, 1957 they sold away their interest in the auction purchased lands to the plaintiffs under a sale deed (Ext. 1). In other words they authorised




























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