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1981 Supreme(All) 350

K.S.VARMA
Deota Prasad – Appellant
Versus
Tribhuwan – Respondent


JUDGMENT :- This is plaintiffs appeal arising out of a suit filed by Deota Prasad in which a decree for possession over the house and the land in suit was claimed. By way of damages for use and occupation a decree for recovery of Rs. 720/- was also prayed for. The plaintiffs case was that the house in dispute was purchased by Kashi Pd. the father of the plaintiff under sale deed dated 24-8-1943, from one Mahadeo. The consideration for the sale was Rs. 2300/-. The plaintiff claims to be in possession over the said house since then. In regard to the land shown by letters Aa Ba Sa Da which is adjacent to the house in suit, was it was maintained that it was taken by Kashi Pd on Patta from Deara Estate in the year, 1953 and since then he became owner in possession thereof. Plaintiffs father has let out the house in suit and till his death in 1959 it remained in occupation of the tenants. Even after the death of Kashi Prasad the house remained in occupation of the tenants. The plaintiffs father died on 6-6-1959, when he was a minor and his mother is an illiterate pardahnashin lady who had no capacity to understand the legal transactions. The plaintiffs uncle defendant No. 2 Rameshwar Pra































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