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1956 Supreme(All) 195

V.BHARGAVA
ANANT BAHADUR SINGH – Appellant
Versus
ASHTBHUJA BUX SINGH – Respondent


Advocates Appeared:
KALBE MUSTAFA, R.B.Chaudhary

V. BHARGAVA, J.

( 1 ) THIS is a defendant-appellants appeal arising out of a suit brought by the plaintiff-respondent for recovery of possession of certain property against the defendants.

( 2 ) THE findings of fact given by the lower court show that the plaintiff-respondent was the transferee of the rights in the property in suit from Srimati Dhiraj Kunwar daughter of Ram Bux singh who was the last male owner of the property. Srimati Dhiraj Kunwar died and the defendants took possession of the property without coming to court It has also been found that the defendants are the reversioners of Ram Bux Singh so that, on the death of Srimati Dhiraj kunwar and on their repudiation of the transfer made by her in favour of the plaintiff-respondent, they were the owners of this property. The trial court dismissed the suit holding that the plaintiff respondent was not entitled to take back possession from the defendants who had dispossessed him. The lower appellate court held that the plaintiff was entitled to a decree for possession on the ground that dispossession of the plaintiff by the defendants without bringing a suit for cancellation of the transfer made by srimati Dhiraj Kunwar in






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