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MUNGESHWAR SAHOO
Saraswati Devi – Appellant
Versus
Mahabir Pd. Daruka – Respondent
Mungeshwar Sahoo, J. – The defendants 2nd party have filed this First Appeal against the judgment and decree dated 31.5.1979 passed by the learned 3rd Additional Subordinate Judge, Sitamarhi in Title Suit No.122 of 1966/8 of 1979 decreeing the plaintiff-respondent’s suit.
2. The plaintiffs-respondents filed the aforesaid suit praying for declaration of title and recovery of possession over 8 katthas 11 dhurs land with structure thereon. The plaintiffs prayed for the aforesaid relief alleging that the plaintiff nos.1 to 3 and 5 and one Narain Prasad Daruka had filed Money Suit No.195 of 1950 in the court of Sub Judge, Darbhanga for recovery of Rs.10,000 against the defendants 1st party wherein the suit properties were attached before judgment. The said suit property belonged to defendants 1st party. Ultimately, the suit was decreed on 16.5.1952 for Rs.11,896 and odd. In Execution Case No.73 of 1955, the Schedule I property were auction sold and the decree holder purchased the same for Rs.8,800 on 22.5.1957 and he got delivery of possession through court on 19.5.1957.
3. The further case is that the defendant no.1 fraudulently got a rent suit filed against himself by the landlord in th
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