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1984 Supreme(Pat) 137

P.S.MISHRA
Ganesh Prasad – Appellant
Versus
Deo Nandan Raut – Respondent


Judgment

1. Plaintiff of Title Suit No. 194/66 of 1961/65 of the Court of 1st Additional Munsif, Gopalganj, has moved this Court after the dismissal of his appeal being Title Appeal No. 35/10 of 1966/74 by the Subordinate Judge, Gopalganj. He had sought declaration of his title over 2 bighas 1 Dhur of land described in Schedule 1 of the plaint and also for redemption of 1 Bigha 17 Kathas 7 Dhurs of Zerpeshgi land described in Schedule 2 of the plaint and recovery of possession of the land not covered by Zerpeshgi deed as also mesne profits.

2. Plaintiffs case stated in brief is as follows : The suit lands belonged to defendants 1 and 2. They executed a Zerpeshgi deed in respect of Schedule 2 lands in favour of defendant 3 and thereafter on 12-6-1961 sold the said lands for a sum of Rs. 2,000.00 by executing a registered sale deed in favour of the plaintiff. Plaintiff paid a sum of Rs. 300.00 in cash to him before the execution of the sale deed. Out of the remaining sum, Rs. 1500.00 being the Zerpeshgi money of defendant 3, was kept in amanat as also a sum of Rs. 200.00 taken as loan by the plaintiff on a hand-note from defendant 3. Plaintiff demanded the registration receipt from th











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