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1978 Supreme(Pat) 52

BIRENDRA PRASAD SINHA
Sahdeo Singh – Appellant
Versus
Ramchhabila Singh – Respondent


Judgment

1. This application by the defendants is against an order, dated the 21st July, 1977, passed by the court below, holding that the suit did not abate on account of the non-substitution of the heirs and legal representatives of the deceased plaintiff No. 5.

2. The plaintiffs, eleven in number, filed a suit for declaration of their title and confirmation of possession or, in the alternative, recovery of possession over the suit land. The plaintiffs have also prayed that the revisional survey reecords should be corrected. Their case, inter alia, is that the lands appertaining to Khasra No. 222, Khata No. 94, area 1 bigha, 12 kathas, 15 dhurs, situate in village Rampur Kumharkol, belonged to one Rakat Singh, plaintiffs ancestor. It was recorded in the name of the said Rakat Singh in the cadestral survey. In the new revisional survey the land was re-numbered. Rakat Singh remained in possession of the land during his lifetime and after his death, his sons Kodai Singh and Julumdhari Singh came in joint possession. Kodai died leaving behind two sons, Shahi Narain Singh and Ram Bahadur Singh. The latter died issueless. Shahi Narain Singh left behind two sons, Ramchhabila and Jalesar.






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