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1961 Supreme(Pat) 85

V.RAMASWAMI, R.K.CHOUDHARY
Tapesar Raut – Appellant
Versus
Ram Jatan – Respondent


Advocates:
G.P. Das and Baidya Nath Prasad No.1, for; Lal Narain Sinha and Akbar Imam, for Respondents.

JUDGMENT : - In the suit out of which this appeal arises the plaintiffs alleged that by two sale deeds dated the 5th November, 1947, they had purchased plot No.2743 of Khata No.165 of village Dhorlahi from the recorded tenant Dharichhan Singh, defendant No.5. The plaintiffs further alleged that the defendants first party interfered with their possession and so they brought the present suit for a declaration of their title and for recovery of possession. The suit was contested by the defendants first party on the ground that the disputed land was in their possession as Shikmidars from Baisakh 1332 Fasli and that they had taken shikmi settlement from the recorded tenant, defendant No.5. Upon these rival contentions the trial court held that the sale deeds upon which the plaintiffs relied conveyed no title and the trial court further held that the defendants first party were in possession of the land as Shikmidars from 1332 Fasli. The plaintiffs took the matter in appeal, and the subordinate judge who heard the appeal held, in the first place, that the sale deeds upon which the plaintiffs relied were genuine and for consideration. He further held that the defendants first party had fa













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