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1964 Supreme(All) 94

GYANENDRA KUMAR
Shri Ram – Appellant
Versus
Thakur Dhan Bahadur Singh – Respondent


Advocates:
K. D. Pandey and V. P Misra, for Appellants; G. P. Bhargava, for Respondent.

Judgement

JUDGMENT : This is a second appeal by the defendant arising out of a suit for possession of two plots Nos. 203 and 209 situated in village Raipur, Pargana Kewai in the district of Allahabad. Briefly stated the plaintiff's case was that one Raghunandan Singh was an occupancy tenant of the two plots in suit and had mortgaged the same for Rs. 50/- with Bindra, father of the defendant-appellant about thirty years ago i.e., in or about the year 1921 and that Bindra aforesaid was first in possession of the mortgaged plots and after his death the defendant has continued in permissive possession. The plaintiff's case further was that though the mortgage of an occupancy holding was void yet the plaintiff was entitled to recover possession of the land on payment of the debt of Rs. 50/- to the defendant. The defendant contested the suit, inter alia, on the ground that the mortgage set up by the plaintiff did not exist and was only imaginary, that the defendant was in possession of the property as a mortgagee for 60 years under a different mortgage deed dated Phagun Badi 10, Samwat 1929 (1883) Ex. P. 9 for Rs. 99/- executed by the said Raghunandan Singh in favour of the defendant's fa













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