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1959 Supreme(Gau) 40

T.N.R.TIRUMALPAD
Ngasepam Ibotombi Singh – Appellant
Versus
Wahengbam Ibohal Singh – Respondent


Advocates:
Y. Imo Singh, for Appellant; N. Ibotombi Singh, Govt. Advocate, for Respondents.

JUDGMENT

This is a second appeal by the plaintiff in T. S. No. 310 of 1952 before the Munsiff of Manipur, against the judgment and decree of the District Judge of Manipur in Civil Appeal No. 75 of 1955 by which he reversed the decision of the Munsiff in the said suit.

2. The appellant brought the suit against the two respondents for a declaration of his title over the suit land. His case was that he purchased the land from one Nongthombam Komol Singh, the deceased husband of the second respondent about 15 years before suit, that ever since then he has been in possession of the said land adversely and as of right, that respondent 1 asserting title to the land filed a Rent Suit No. 42 of 1951 against him before the Munsiff as if the appellant was his tenant and it had become necessary for him to have his title declared against respondent 1. Respondent 1 contested the suit saying that he became entitled to the suit land by purchase in Sale Case No. 355 of 1935-36 on 6-1-35, that the appellant cannot have any manner of right in the suit land, that the appellant got possession of it as tenant in 1949 and that he has no other right in the said land except as tenant. Respondent 2 supported









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