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1981 Supreme(All) 327

DEOKI NANDAN
EKADASHI – Appellant
Versus
GANGA – Respondent


Advocates Appeared:
K.P.SINGH, R.N.Singh, Sankatha Rai

DEOKI NANDAN, J.

( 1 ) THIS is a defendants second appeal from the decree of the Court of the IInd Additional District judge, Varanasi in Civil Appeal No. 300 of 1969 arising from the decree of the Court of the 1st additional Munsif Varanasi in Suit No. 79 of 1967. The matter relates to a house No. C--27/130 of Mohalla Jagatganj, Varanasi. The relief claimed in the suit was a decree for possession over the house by ejectment of defendants Nos. 1 to 4 with the declaration that the plaintiffs are the owners of the entire house, and for recovery of Rs. 360/- as mesne profits for three years before the institution of the suit and pen-dente lite and future at the rate of Rs. 10/-per month. The suit was instituted on 30th January, 1967. There are four plaintiffs namely, plaintiff No. 1 Smt. Chameli Devi, Plaintiff No. 2 Smt. Dharem Sheela, Plaintiff No. 3 Smt. Hiramani and plaintiff no. 4 Ganga and there are five defendants, namely defendant No. 1 Ekadashi, defendant No. 2 ganesh, defendant No. 3 Smt. Khajanawa defendant No. 4 Ram Bachan and defendant No. 5 mangroo. The first three plaintiffs are the daughters-in-law of the fifth defendant Mangroo and transferees of a 1/2 share in the ho













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