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1963 Supreme(Raj) 56

BHANDARI
Motilal – Appellant
Versus
Jaswant Singh – Respondent


Advocates Appeared:
A.L. Mehta and, J.S. Chordia, for appellants; C.M. Lodh and K.S. Lodha, for opposite side

Bhandari, J.—This is Civil Second Appeal in a suit under Order 51, Rule 63 C.P.C. filed by the decree-holders Govind Singh and Nahar Singh and Bhagwat Singh, sons of Ugrasingh, who was the Jagirdar of Thikana Agria in Tehsil Amet. Moti Lal and Kesrimal (Defendants Nos. 1 and 2) had a decree against Shri Ugra Singhji, the amount of which had accumulated to the tune of Rs. 24,081/- in the year 1950. They put their decree in execution and attached disputed lands described in the list attached to the plaint. Thereupon, the plaintiffs filed an objection under Order 21, Rule 58 C.P.C. which was dismissed on the 19th of April, 1955. The plaintiffs then brought the suit for declaration that the disputed land belonged to them on the 19th of May, 1955 in the court of the Civil Judge, Udaipur. The plaintiffs based their claim on two pattas both dated Kartik Badi 9, Sambat 2005 corresponding to the 26th of October, 1948. These pattas are Exhibits 11 and 12 on the record and that both the documents are un-registered. Under Ex. 11 Bapadari rights in the land measuring 170 Bighas-6 Biswas were granted to Bhagwat Singh (Plaintiff No. 3) in payment of Rs. 401/- while under Ex. 12 Bapadari rights in


















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