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1982 Supreme(Pat) 5

NAZIR AHMAD, HARI LAL AGRAWAL
Tip Top, – Appellant
Versus
Indramani Devi – Respondent


Judgment

HARI LAL AGRAWAL, J.

1. This is an appeal by the defendants against the judgement and decree of the Additional Subordinate Judge, Ranchi, decreeing the plaintiffs suit in part directing the defendants to vacate the suit premises.

2. The property in suit consists of two shop units, Nos. A and B out of the block of six shop rooms in J.J. Park along with the adjoining lands and structures at its back being part of plot No.1772, holding No.420 in Ward No.III of the Ranchi Municipality, which is fully described in the schedule of the plaint, in which the defendants are running a laundry business commonly known as Messrs Tip Top. The defendants were in occupation of the suit premises since a year before the execution of a document forming the basis of the present suit which was executed on 10-9-1958 and has been marked as Ext.2. The document has been described as a usufructuary mortgage bond or Bhugutbandha bond. According to the stipulations in this document, the mortgages, namely, the defendants, were to remain in possession of the suit premises from 13-9-1958 for a period of five years. I shall refer to the stipulations and the covenants evidenced under this document in greate













































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