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1956 Supreme(All) 297

B. UPADHYA
Jhakri Tewari – Appellant
Versus
Debi Saran Upadhia, Kailash and Mst. Shyama – Respondent


Advocates appeared:
Sripat Sahai Srivastava, For the Appellant / R.R. Prasad and Ambika Prasad, For the Respondent

JUDGMENT

B. Upadhya, J. - This is a Defendant's appeal arising out of a suit for possession over certain properties set out in the plaint.

2. One Ayodhya Prasad was the owner of certain zamindari property. He died leaving his widow Mst. Bachha and his heir and a daughter Mst. Chhotka. After Ayodhya Prasad's death Mst. Bachha succeeded to his assets and after Mst. Bachha's death Ayodhya Prasad's daughter came to be in possession over the properties left by him. Mst. Chhotka had a son Debi Saran, the present Plaintiff. On the 26th September, 1930, was executed a sale-deed for Rs. 250/- in respect of certain properties by Mst. Chhotka and Debi Saran. Mst. Chhotka died on the 5th January, 1945, and after her death the Plaintiff brought a suit to recover possession of the property to which he had become entitled as the daughter's son of Ayodhya on the ground that the sale-deed mentioned above was a transfer of the life estate of Mst. Chhotka deceased and as at that time the Plaintiff had no right, title or interest in the property, the execution of the sale-deed by him. conveyed no right, title or interest in the property to the vendee and now that the reversion had opened on Mst. Chhotka

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