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1978 Supreme(Pat) 254

UDAY SINHA, UMESH CHANDRA SHARMA
Sachida Prasad Singh – Appellant
Versus
Giraja Prasad Singh – Respondent


Judgment

U.C.SHARMA, J.

1. These three applications on behalf of the three purchasers from the judgement-debtors are directed against the order dated 26-7-1975, passed by the Subordinate Judge, Gaya in Misc. Cases Nos. 6, 8 and 7 of 1975. Since these applications arise out of a common order and against the same opposite party, they have been heard together and this judgement shall govern them all.

2. The facts of the cases are common. One Srichand Sao obtained a money decree against several persons including one Chandrika Singh alias Chando Singh. The decree was put in execution in Execution Case No. 1 of 1964 and the lands given in Talika were attached on 3-2-1964. Thereafter the decree-holder transferred the decree to Girja prasad Singh and Nagendra Narayan Singh who were substituted in the execution as decree-holders in place of Srichand. On 9-10-63 Sachida Prasad Singh (petitioner in C. R. 1088/75) purchased a piece of land from the judgement-debtor Chando Singh by virtue of a registered sale deed and since the date of his purchase he claims to be coming in cultivating possession thereof. On the same date Smt. Bachi Devi (petitioner in C.R. 1135/75) purchased some lands from the














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