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1934 Supreme(All) 225

NIAMATULLAH
Sukhan Singh – Appellant
Versus
Uma Shankar Misir – Respondent


JUDGMENT

Niamatullah, J. - These two appeals arise opt of proceedings u/s 144, Civil P.C. The appellants objected to restitution being made u/s 144, Civil P.C., to a lady named Chandrajota Kunwar, so far as it was claimed in denial of the appellants' rights as statutory tenants. The lower Court dismissed the appellants' objection and delivered actual possession of the lands in dispute to Mt. Chandrajota Kunwar. It appears that the Collector of the Benares, who was in charge of the estate known as Sakaldiya estate, instituted a suit, against Mt. Chandrajota Kunwar for setting aside an agreement and for possession of property of which the lands now in dispute were parts. It is not necessary to enter into the details of the controversy between the parties to that suit. Suffice it to say, that it was a suit for inter alia, the relief of possession against Mt. Chandrajota. The suit was decreed by the Court of first instance on 17th March 1930, and possession was delivered to the Collector on 26th May 1930. Chandrajota preferred an appeal to this Court, which reversed the decree of the Court of first instance on 5th September 1933, and dismissed the Collector's suit. Mt. Chandrajota then

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