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1956 Supreme(Raj) 295

BAPNA
Mst. Bajji – Appellant
Versus
Bhairon – Respondent


Advocates Appeared:
J.B.L. Saksena, for appellant; C.L. Agrawal, for respondent

Bapna, J.—This is a second appeal by the defendant in a suit for possession.

2. The respondent Bhairon instituted the suit in the court of Munsif, Swai Madhopur, on 18th April, 1950, on the allegations that he and one Mst. Manni purchased a house in Mohalla Har Sahaiji ka Katla at Sawai Madhopur on 31st July, 1928, for a consideration of Rs. 190/-, and there-after the plaintiff remained in possession thereof. About 7 years ago, the plaintiff wanted to shift his residence to his field, and Gyarsi, grand-mother of Bajji, requested him for permission to occupy the the house, as she had none other house to live in. The plaintiff gave permission to Gyarsi and to his wife Jagni, mother of the defendant to live in the house. It was alleged that Gyarsi had died, but Jagni and Bajji continued to live in the house. Jagni had since contracted re-marriage, and Bajji went to her husbands house, and, therefore, the plaintiff asked them to give back the house to him, but Bajji asserted her own claim in survey proceedings, and denied the plaintiffs title on 30th November, 1949, which made it necessary for the plaintiff to institute the present suit for possession.

3. Jagni said that she had no conce





















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