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1984 Supreme(Pat) 173

P.S.MISHRA
Janki Dhobi – Appellant
Versus
Sitaram Singh – Respondent


Judgment

1. Plaintiffs in Title Suit No. 43 of 1973 of the Court of Subordinate Judge, Barh, have moved this Court in appeal against the judgment and decree in Title Appeal No. 12 of 1977/5 of 1977 of the Court of 4th Additional District Judge, Patna. The suit was decreed on contest against defendants 1 and 2 and ex parte against the rest. Learned Additional District Judge has, however, reversed the trial Court"s judgment and decreed (dismissed?) the suit with costs.

2. The dispute relates to 36 decimals of land in plot No. 5231 under khata No. 2297 of village Pandarak, Police Station Barh in the district of Patna. According to the plaintiffs the said plot of land was wrongly recorded as 6 decimals instead of 36 decimals in the khatian. It is under khewat No. 33 Tauzi Nos. 8391 and 9392. The land was Jagir Khidmati and it was recorded in the names of Bhattu Mali and Chhotu Mali sons of Chaman Mali, and sons of pro forma defendants 3 to 7. Most. Bibi Soghra along with some other co-tenants was the landlady of the khewat. The grant was absolute and the tenancy in their favour was permanent. Most. Bibi Soghra once suffered from small pox and Bhattu Mali and Chhotu Mali served her in a



















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