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1966 Supreme(Ori) 10

G.K.MISRA
GULAM ALI SAHA – Appellant
Versus
SULTAN KHAN – Respondent


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

G. K. MISRA, J.

( 1 ) DEFENDANTS are the appellants. The suit is for declaration of title in plots 517 and 518, for confirmation and in the alternative for recovery of possession. A right of way has been claimed over plot Nos. 522, 1212, 1213 and 1214. There was a prayer for removal of obstruction and for recovery of damages. Plaintiffs are brothers. Their case is that they purchased plots 517 and 518 from one Md. Rasul khan by a registered sale deed (Ex. 5) dated 20-8-37. Plaintiffs' vendor had purchased the lands from the ancestors of the defendants by a registered sale deed (Ex. 4) dated 17-6-19. Plaintiffs' case is that from 1919 to 1937 their vendor was in possession. He enclosed the area, dug a tank, grew certain trees and used the lands as a Ban. Plaintiffs continued to possess in their own right, title and interest after their purchase in 1937 till 1959. In the summer of that year, defendants put up a fence and blocked the passage from all sides. Later on they Xtrespassed into the suit area and removed certain crops. Defendants admitted the sale deed of the year 1919 but challenged it as being Benami without consideration. They asserted their own possession all through and













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