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1950 Supreme(Raj) 190

BAPNA, DUTT
Amarsingh – Appellant
Versus
Mst. Laxmi Bai – Respondent


Advocates Appeared:
Messrs. Thanchand and Mohan Lal, for Appellant; Sohan Nath, for Respondent No.1

Bapna, J.—This is an Ijlas-i-Khas appeal transferred to the High Court for disposal.

2. One Nathkaran obtained a decree under orders of the Musahib Ala of Marwar on the 22nd of September, 1901, for recovery of Rs. 22,387/8/-from one Rampratap, and in execution of that decree an Amin was appointed at first, and thereafter by an order of the Mahakma Khas, dated the 13th of September, 1904, the judgment-debtors one-fourth share in village Burakia, Tehsil Jodhpur, was directed to be handed over to the decree-holder. The decree-holder was granted an Ijara for Rs. 500/-, out of which Rs. 113/10/- was to be deposited in Baqiyat uptil Samwat, 1966, and the rest was to be appropriated by him. This Ijara was subsequently raised to Rs. 700/-by an order of the Mahakma Khas, dated the 23rd of January, 1909. The decree holder and his descendants remained in possession of the property thereafter. On the 28th of April, 1944, Mst. Lakshmi Bai, widow and legal representative of Rampratap, made an application that the decree-holder had been in possession since 1901, and must have recovered far in excess of the sum decreed, and that in any case the possession of the decree-holder having exceeded 30 yea


















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