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1953 Supreme(P&H) 74

KAPUR, D.FALSHAW
Dina Nath – Appellant
Versus
Munshi Ram – Respondent


Judgment

Kapur, J.

1. This is an appeal against a judgment and decree of Mr. Pitam Singh Jain, Sub-ordinate Judge 1st Class, Tarn Taran, dated 2-5-1950 decreeing the plaintiffs suit to the extent of 1317216th share on the plaintiffs paying a sum of Rs. 5,535/5/8 to defendant 1.

2. The facts of the case are that on the death of one Hazara Singh, his mother, Mst. chandi, succeeded to the estate. She sold the land in dispute to defendant 1 and defendants 2 to 20 filed a suit for declaration challenging this sale and a declaratory decree was obtained against defendant 1 on 15-4-1941 to the effect that the sale shall not bind the reversionary rights of the plaintiffs after the death of Mst. Chandi. This decree was affirmed right up to the High Court. When Chandi died defendants 2 to 4 and 6 to 20 sold the land in suit measuring 5 kanals 14 marlas out of khasra No. 469 to the plaintiffs for Rs. 18,000/- on 13-3-1945. The plaintiffs brought this suit for possession of the land measuring 5 kanals 14 marlas with a prayer that the defendant should remove the material on it. The suit was decreed to the extent of 131/216th share on the payment of Rs. 5,535/5/8.

3. Against this decree Dina Nath












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