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1979 Supreme(Pat) 84

SHIVANUGRAH NARAIN
Govind Yadav – Appellant
Versus
Deoki Devi – Respondent


Judgment

1. This appeal by defendants 1 and 2 arises out of a judgement and decree of the 4th Additional District Judge, Monghyr by which the learned Additional District Judge has reversed the judgement and decree of the trial Court and decreed the suit brought by the respondents in this Court for declaration of title to, and recovery of possession over 7.5 acres equal to 8 bighas, 11 kathas 17 dhurs of land comprised in survey Plot No. 491 of Khata No. 676 of village Hathband in the District of Monghyr fully described in Sch III to the plaint of the suit out of which this appeal arises.

2. The aforesaid Survey Plot No. 491 is a very large plot of land and admittedly 20 bighas, 17 khatas 19 dhurs specified in Sch. II to the plaint out of the aforesaid Survey Plot No. 491 was sold to the original plaintiff No. 1 Keshav Yadav under a registered sale deed dated 30-5-1940 executed by one Gopi Nath Bose who had purchased Khata No. 676 at an auction sale in execution of a decree for arrears of rent obtained against the recorded tenants. Keshav Yadav was mutated in the landlords sherista and admittedly was in possession of the aforesaid 20 bighas 17 khatas and 19 dhurs of land till 1936 in


























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