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1964 Supreme(All) 158

V.G.OAK, GANGESHWAR PRASAD
Krishna Kumar Sinha – Appellant
Versus
The Kayastha Pathshala (Prayag) Allahabad – Respondent


Advocates:
Kailash Shankar Sinha and N.D. Ojha, for Appellant; J. Swarup and H. Swarup, for Respondent.

Judgement

GANGESHWAR PRASAD, J. : This appeal arises out of a suit for possession and mesne profits with respect to three houses situated in Allahabad. The suit was instituted by the Kayastha Pathshala (Prayag) Allahabad (hereinafter called the Pathshala), which claimed to be a society registered under the Societies Registration Act (XXI of 1860), through Dr. Narain Prasad Asthana as its president. The persons against whom the suit was brought were Baleshwar Lal defendant No. 1 and Krishna Kumar Sinha defendant No. 2 Baleshwar Lal died during the pendency of the suit and his widow Smt. Surja Kuar was thereupon substituted in his place. A decree for possession of the houses in suit has been passed by the trial Court against both the defendants and a decree for Rs. 222/- as past mesne profits has been passed against defendant No. 2 only Pendente lite and future mesne profits have also been made payable by defendant No. 2. This appeal has been preferred by Krishna Kumar Sinha defendant No. 2.

2. The case of the Pathshala was that one Munshi Nawal Kishore was the owner of the houses in suit, which were his self-acquired property. He bequeathed all his movable and immovable property to th


































































































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