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1938 Supreme(Cal) 171

S. K. GHOSE, NASIM ALI
Sm. Dhapubai Mini – Appellant
Versus
Chandra Nath Chakravorty – Respondent


JUDGMENT

Nasim Ali, J. - This is an appeal by the plaintiff in a suit for possession on declaration of the plaintiff's title. Plaintiff's case briefly stated is as follows : The land described in Schedule 1 to the plaint belonged to the predecessors of defendants 5 and 6. The land described in Schedule 2 is a part of the land described in Schedule 1. The entire land of Schedule 1 was mortgaged to the predecessors of the plaintiff by a registered' simple mortgage bond oh 14th January 1917 to secure a loan of Rs. 20,00. Plaintiff's predecessor instituted a suit on the basis of this mortgage against the mortgagors and obtained a decree, and in execution of the said decree they purchased the mortgaged lands on 26th August 1930. They obtained possession on 17th November 1931. Thereafter, the plaintiff continued to be in possession till September 1935. In-that month the defendants erected a building forcibly on the land mentioned in Schedule 2; of the plaint. There was a criminal case. Plaintiff was unsuccessful in that case. On 20th December 1935, plaintiff raised the-present suit for declaration of her title and for possession. Only defendants 2 and 4 contested the suit. Their defence i

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