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1961 Supreme(Gau) 25

T.N.R.TIRUMALPAD
Kshetrimayum Kumud Singh – Appellant
Versus
Elangbam Ibohal Singh – Respondent


Advocates:
Y. Imo Singh, for Appellant; S. Somorendra Singh, for Respondent.

JUDGMENT:- This second appeal is directed against the judgment and decree of the District Judge in Civil Appeal No.57 of 1958, by which he dismissed the said appeal and confirmed the judgment and decree of the Munsiff in Title Suit No.116 of 1955. The Munsiff had passed a decree against the appellant (defendant) for delivery of possession of the said property to the respondent (plaintiff).

2. The respondent as plaintiff filed the said Title Suit No.116 of 1955 against the appellant in respect of one Lourak of land said to be a part of patta No.70/480 Th. T. belonging to the respondent his case was that he leased the said one lourak to the appellant in 1954 on agreement to pay loushai of 6 pots of paddy, hut that the appellant did not pay loushal and refused to vacate the land. The appellant contended in the written statement that the and which he was in possession of was part of patta No.70/450.Th. T., that it belonged to one Moirangthem Yaima Singh (D.W.1) who had reclaimed it from waste land as early as 1939 and remained in possession until 1952, that the appellant purchased from the said Yaima Singh for Rs.125/- under an unregistered deed dated 17-2-1952, (which was allowed to be



































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