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1972 Supreme(Gau) 43

B.N.SARMA
Ahmadellah – Appellant
Versus
Mafizuddin Ahmad and another – Respondent


Advocates Appeared:
Y. Imo Singh, for Appellant, M. Gharugopal Singh

Judgement

This judgment will cover two appeals, namely. S. A. Nos. 16 and 17 of 1970, arising out of Civil Appeals Nos. 19 and 27 of 1969, respectively, in the Court of the District Judge, Manipur, which were disposed of by a common judgment and which arose out of the same suit namely, T. S. No. 173/62/8 of 1965 in the Court of Munsiff (II), Manipur, filed by the present respondents.

2. The plaintiffs case, in brief, was that the suit land as described in the plaint, originally belonged to Kamal-ud-din, who is the younger brother of plaintiff No. 2. Kamal-ud-din sold the land to Obedulla the father of the defendant, under a registered sale deed, which was purported to be executed in Savour of the defendant who was then a minor. Sometime after this purchase, Obedullah sold the land allegedly on behalf of the defendant to one Ali Mia by a registered sale deed dated 2-9-1952 for due consideration and for legal necessity, that is, to meet the educational expenses of the defendant, who was then reading in School and delivered possession.

Ali Mia, in his turn, sold the land to the plaintiffs on 26-8-54 under a registered sale deed accompanied by delivery of possession, and after this purch
























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