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1962 Supreme(Gau) 10

T.N.R.TIRUMALPAD
Thongam Ningol Mema – Appellant
Versus
Thongam Bokul Singh – Respondent


Advocates:
N. Ibotombi Singh, Govt. Advocate, for Appellants; Y. Imo Singh, for Respondent.

Judgement

JUDGMENT:- This is a second appeal filed by the defendants in Title Suit No.15 of 1956 in the Court of the Munsiff Imphal, against the decision of the District Judge, Manipur, in Civil Appeal No.78 of 1957, by which he reversed the decision of the Munsiff dismissing the suit filed by the respondent-plaintiff and passed a decree as prayed for by him.

2. The respondent as plaintiff filed the suit for redemption of a mortgage in respect of the land under patta No.33/1027-Th.T. His case was that he mortgaged the land for Rs.150/- in favour of Thongam Bokul Singh, his cousin, who Was defendant No.1, and whoso legal representatives are now appellants 1 and 2, but that on the representation of the said Bokul Singh, the document Ext.1 dated 5-2-1954 was written in the form of a sale deed for Rs.150/-. But the land continued to remain in the possession of the respondent himself. The said Bokul Singh executed a collusive and fraudulent sale deed (the original of Ext.5) dated 7-6-1954, in favour of Kongkham Lakhol Singh (Defendant No.2 and appellant No.3) for Rs.800/-. In spite of the two sale deeds, the patta was not transferred and the respondent himself continued to pay the revenue














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