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1991 Supreme(Cal) 16

Monoranjan Mallick, MANABENDRA NATH ROY
Bhim Chandra Guin – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Barun Kumar Roy Chowdhury for appellant;
Sudhis Das Gupta, Hazari Prosad Chowdhury for respondent opposite party.

JUDGMENT

Monoranjan Mallick. J.

This appeal is directed against the judgment and decree passed by 2nd Court of Additional District Judge, Midnapore in. Title Appeal no. 300 of 1959 affirming the judgment and decree passed by the Subordinate Judge. 1st Court, Midnapore in Title Suit no. 22 of 1955. The facts of this case which are necessary to dispose of the second appeal may, briefly, be stated as follows :-

2. The disputed property comprises 9 decimals of land in plot no. 1013 of Nabinabag Barabazar Mouja together with a two storeyed house and other structures thereon bearing holding no. 19 of ward no. 3 Barabazsr Mahalia within the Midnapore Municipality and is the subject matter of this litigation, It is the case of the original plaintiff since deceased that on 30.9.1924 he purchased the suit property with a one storeyed house then standing thereon from one Nityamoyee Dasi for Rs. 7500/- in the name of his minor son Manik Ratan Guin, being the defendant no. 3. He paid the entire consideration money of Rs. 501/- at the time of execution of the bainanama, Rs. 4700/- directly to the heirs of Motilal Mukherjee, the mortgagee by way of satisfaction of the mortgage on the property and R








































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