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1934 Supreme(All) 344

GANGA NATH
Sri Kuber Saheb – Appellant
Versus
Phunnan Rai – Respondent


JUDGMENT

Ganga Nath, J. - This is a plaintiff's appeal and arises out of a suit brought by him against the defendants for possession over the property described in the plaint and for mesne profits. The plaintiff brought the suit as a mahant and chela of Darshan Das. The. plaintiff's allegation was that the property in dispute belonged to the math of which he was the mahant, that it had been unlawfully transferred by mahant Sheo Raj Das and that the transfer made to the defendants respondents were void and illegal. The plaintiff's predecessor Darshan Das brought a suit in respect of the same property against Bikramajit Rai and Gobind Rai, predecessors-in-title of the other defendants on the same allegations on which the appellant has brought this suit. This property along with the other property had been transferred by Sheo Raj Das mahant to Mt. Sobhagi by deeds dated 21st February 1911 and 10th March 1919, and a compromise dated 28th October 1914. Mt. Sobhagi sold half of the property which is now in dispute to Bikramajit Rai and Gobind Rai since deceased and the other to two other persons. Darshan Das who was mahant and had succeeded to Sheorajdas brought a suit for possession over

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