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1944 Supreme(All) 98

MULLA
Deokinandan – Appellant
Versus
Badri Prasad – Respondent


JUDGMENT

Mulla, J. - This second appeal arises out of a proceeding under the Encumbered Estates Act. An application u/s 4 of that Act was made by the respondents in this Court and it was in due course sent to the Special Judge, Orai. The respondents stated in their application the various debts to which they were liable and one of those debts was a usufructuary mortgage deed, dated 22nd February 1910, for Rs. 3500 which had been executed by Girdhari Lal, the maternal grandfather of the first two respondents, Badri Prasad and Phuljari Lal. In their written statement u/s 8 the applicants gave details of certain zamindari properties belonging to them and one of these properties was zamindari property comprising 124.16 acres, bearing a jama of Rs. 273-12-0 with Rs. 27-6-0, thok Shiva Ram, mauza Hardoi. It is with this property alone that we are concerned in the present appeal. With regard to this property a claim was lodged by the appellants, Seth Deokinandan and Mt. Phul Kunwar. They alleged that this property had been purchased by their 'predecessor-in-interest Seth Bhoj Raj, and belonged entirely to them. They denied that the applicants had any right, title or interest left in this p

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