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1974 Supreme(Gau) 33

BAHARUL ISLAM
Thokchom Ibopishak Singh – Appellant
Versus
Salam Chandra Singh and another – Respondent


Advocates Appeared:
T. Bhubon Singh, N. Promodchandra Singh

Judgement

This appeal is by the defendants, who lost in both the Courts below.

2. The material facts are:

The plaintiff purchased the suit land measuring 2.77 acres, fully described in the Schedule to the plaint, from its owner Wahengban Selungba Singh, who was in possession, by a registered sale deed dated 19-1-1953. His vendor delivered Khas possession of the land to the plaintiff, who continued in possession. On or about 25-12-1959, defendant No. 2 prevented the plaintiff from collecting rents from his tenants in respect of the suit land. On enquiry, he learnt that the defendant No. 2 had obtained mutation on 14-3-1968, vide Mutation Case No. 287 of 1957, without any notice to him. The plaintiff filed an appeal against the order of mutation but it was dismissed by the Chief Commissioner of Manipur. He then filed Title Suit No. 99 of 1960 (130 of 1962) in the Court of Munsiff, Manipur, for declaration of his title to, and for recovery of khas possession of, the land and got a decree on 8-6-1965. Defendant No. 2 preferred an appeal in the Court of the District Judge, Manipur, but the appeal was dismissed. The plaintiff executed his decree, vide Execution Case No. 47 of 1965 (5 of 196















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