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1938 Supreme(All) 62

GANGA NATH
Mahadeo Singh – Appellant
Versus
Mian Din – Respondent


JUDGMENT

Ganga Nath, J. - This is a plaintiffs appeal and arises out of a suit brought by him against the defendants-respondents for a declaration that the plaintiff is the owner of the house described in the plaint by virtue of the sale deed dated 14th December 1934, executed by Raj Narain, defendant 2, and that Mian Din, defendant 1, has not acquired any title to the house under his sale deed dated 20th December 1934, which was also xecuted by Raj Narain, defendant 2. The plaintiff's case was that his sale deed was executed by Raj Narain on 14th December 1934 for Rs. 800 and it was registered on 26th January 1935 and he acquired a valid title under it. Mian Din, defendant 1, contended that his sale deed was executed by Raj Narain on 26th September 1934, and it being a prior sale deed, he became the owner of the house and the plaintiff's sale deed was ineffectual. The trial Court found in favour of the plaintiff. On appeal the learned Civil Judge has found in favour of Mian Din and has held that his sale deed was prior. The plaintiff has come here in second appeal. It has been found by the lower Court that the sale deed which is in favour of Mian Din was executed by Raj Narain on 2

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