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1960 Supreme(Ori) 8

G.C.DAS, J.K.MISRA
RATHA HARIJAN – Appellant
Versus
NARASINGHA RANA – Respondent


Advocates Appeared:
M.K.C.RAO, M.S.Rao, S.Acharya

MISRA, J.

( 1 ) PLAINTIFF is the appellant against the reversing decree of the learned appellate court dismissing his suit. Defendants 1 to 3 are the natural uncles of the plaintiff and defendant No. 1 is, besides, the plaintiff's father-in-law. Defendant No. 4 is the decree-holder in Execution Case No. 93 of 1958 arising out of Money Suit No. 139 of 1950 in which defendant No. 4 was the plaintiff and defendants 1 to 3 and another (dead) were the defendants. In course of the proceeding of the suit, defendant No. 4 got certain landed properties of defendant 1 and 2 attached on 23-9-50 on the allegation that these defendants were trying to transfer them away to the plaintiff with a view to deprive him of Ms dues. About four months after the said attachment before judgment, the plaintiff got a registered sale deed from defendants 1 and 2 in respect of the suit land measuring 4. 01 acres for consideration of Rs. 1000/ -. In course of the execution proceeding, the plaintiff abortively put forward his claim based on the said sale. So the plaintiff brought the suit under appeal for declaration of title and recovery of possession.

( 2 ) THE plaintiff impeached the attachment before judgm
















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