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1951 Supreme(All) 47

B.M.LAL
NAUBAT SINGH – Appellant
Versus
HIRA – Respondent


Advocates Appeared:
Brij Lal Gupta, S.B.L.GAUR

BRIJ MOHAN LALL, J.


( 1 ) THIS is a revn. by the mtgees. against whom a claim for redemption Under Section 12, U. P. Agriculturists Relief Act (XXVII [27] of 1934) has been decreed by both the Cts. below.

( 2 ) IT appears that Hira Lal, Naubat Singh and some other persons were co-sharers in a proprietary khata in village Sikri of Pargana Jalalabad in the district of Meerut. By an arrangement of convenience arrived at between the co-sharers Hira Lal was in exclusive possession of an area of one bigha of joint Khata consisting of plots NOS. 976 (present No. 1035) and 982 (present No. 1036), These two plots measured 15 biswas and 5 biswas respectively.

( 3 ) ON 2-7-20 Hira Lal executed a possessory mtge. of the aforesaid two plots in favour of Naubat singh and Ranjit and put the mtgees in actual physical possession of the said two plots. In sub-sequent years these plots came to be recorded first as Naubat Singhs Khudkasht and later on as his sir. Sometime afterwards Naubat Singh applied for partition in revenue Ct. Partition proceedings continued for several years and were finally confirmed on 19-9-32. As a result of these proceedings, Naubat Singhs share was completely separated and

















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