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1964 Supreme(Ori) 17

S.BARMAN
KAILASH CHANDRA MOHANTO – Appellant
Versus
RAJKISHORE MOHANTO – Respondent


Advocates Appeared:
R.C.MISRA, S.K.RAY

S. BARMAN, J.

( 1 ) DEFENDANTS 1 to 9 are the appellants. The suit out of which this appeal arises was filed by the plaintiffs for declaration of their title to plot No. 94 in Khata No. 22 or alternatively to plot No. 99 appertaining to the same khata and for recovery of possession.

( 2 ) THE plaintiffs' case is this: Suit plots Nos. 94 and 99 belonged to the plaintiffs and defendant No. 9. Defendant No. 9 filed a title suit being title suit No. 49/76 of 1949 against the plaintiffs for partition of lands including suit plots Nos. 94 and 99. In the final decree passed on compromise between the parties in the said partition suit, plot No. 94 was allotted to the share of defendant No. 9 and plot No. 99 was allotted to the share of the plaintiffs. After the allotment both parties possessed the lands which fell to their respective shares. It is said that subsequently there was an exchange of these plots between the parties, namely that the plaintiffs got suit plot No. 94 from defendant No. 9 in exchange for their plot No. 99. On March 20, 1956, defendant No. 9 sold away suit plot No. 94 to defendant No. 1 by a registered sale-deed Ex. B. When defendant No. 1 attempted to take possessi










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