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1960 Supreme(P&H) 207

SHAMSHER BAHADUR
Kanshi Ram – Appellant
Versus
Kesho Ram Bahna – Respondent


Judgment

Shamsher Bahadur, J.

1. The sole question for determination in the appeal is whether the sale of the land in suit in favour of the appellants is hit by the doctrine of lis pendens?

2. The last male owner of the suit property was Kundan Lal on whose death, his daughter Ishwar Devi succeeded to it. On Ishwar Devis death on 4th of June, 1950, the question of succession arose once again. Mst. Karti and Mst. Muni appeared before the Revenue Assistant and stated that they wanted the mutation to be in the name of Sunder, husband of Ishwar Devi. The statement was made on 12th of September, 1950, and after verifying from the pedigree-table, the Revenue Assistant attested the mutation in favour of Sunder on 12th of April, 1951. Sunder remained in possession of the land in suit till he sold it to the present appellants, Kanshi Ram and Hari Ram, on 31st of January, 1956, for a sum of Rs. 3,500/- under a registered sale deed.

3. Before the sale took place, a suit was brought by Karti and Muni on 27th of January 1956 against Sunder and one Kesho Ram, a mortgagee from Sunder, for possession of the suit land on the ground that they were the heirs and not Sunder, being the daughters of coll

















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