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1968 Supreme(Ori) 54

A.MISRA
ERSAD ALI AND ORS. – Appellant
Versus
MUHAMMAD YAKUB KHAN AND ORS. – Respondent


Advocates Appeared:
A.B.ROY, B.K.MOHANTY, L.K.DAS GUPTA, P.ROY, U.N.SAHU

A. MISRA, J.

( 1 ) THIS appeal has been preferred by plaintiffs Nos. 13, 14, 17 and daughter of plaintiff No. 18 against concurrent judgments of the Courts below. The subject-matter of litigation is about 31 decimals of land appertaining to plots Nos. 171, 718, 721, 723 and 727. The suit was instituted in all by 18 plaintiffs including the appellants. As per the genealogy given in the plaint, one Sk. Garibulla had two sons Sk. Bhikan and Sk. Mahihulla. Plaintiffs Nos. 1 to 12 are descendants of ehikan's branch. Mahibulla according to the genealogy was married to Taffai through whom he had four daughters Kasida, Nasiman, Ajiman and Basiran. Plaintiffs Nos. 13 to 18 are descendants of these four daughters. Mahibulla had a concubine Sunai Bibi through whom he had a son Sk. Minazuddin and a daughter kariman Bibi. This daughter died without any heirs. Minazuddin died before conclusion of the current settlement leaving his widow Johuran Bibi. The five plots in suit measuring 0. 31 acre were recorded in the name of Johuran, though they were joint properties of Mahibulla and others. Johuran by two sale deeds dated 18-12-37 and 3-3-38 purported to sell the suit lands to one Sk. Doman, fath







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