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1976 Supreme(Pat) 82

B.D.SINGH
Chela Meri And Another – Appellant
Versus
Mohammad Abul Khair Khan – Respondent


Judgment

1. This appeal under Sec.100 of the Code of Civil Procedure by Chela Mery and Agnes, who were Defendants First Party in the trial court, is directed against the judgment and decree of the learned Additional Subordinate judge in Title Appeal No. 107/2 of 1963/70, whereby he reversed the judgment and decree of the trial court.

2. In order to appreciate the points of law involved in this appeal, it will be necessary to briefly state some material facts. One Sheikh Lal Mohammed was the owner of Survey Plots Nos. 327 and 328 of Khata No. 130, situated in Mohalla Aggarwa, in the Town of Motihari. Shaikh Lal Mohammad had constructed three houses on the aforesaid land separately, but attached to one another. On his death, his son Shaikh Abdul Ralb (defendants second party), came in possession of the three houses, bearing Holding Nos. 115, 116 and 117 of the Motihari Municipality. On the 5th October, 1939, Shaikh Abdul Rab sold the house on Holding No. 115 to Bibi Khatoon, who was plaintiff respondent first party in this Court. On the 15th September, 1950, by a registered deed (Ext. A), Shaikh Abdul Rab, namely, respondent No. 2, sold the remaining two houses on Holding Nos. 116 and




















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