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1934 Supreme(All) 98

Jagar Nath Gir – Appellant
Versus
Sher Bahadur Singha – Respondent


JUDGMENT

Bajpai, J. - This is an appeal by the defendant Jagarnath Gir arising out of a suit brought by the plaintiff Sher Bahadur tSingh, for possession of zamindari property in two villages, Gopijot known as Shanker-jot 16 annas and Kundaria Ganesh, 5 annas 4 pies. The plaintiff's allegations were that Onkar Bharthi was the absolute owner of the property in suit and that he died leaving behind him his widow Musammat Marat and his mother Musammat Lakhraji, defendant No. 2, that after the death of Onkar Bharthi Musammat Murat entered into possession of the property as a limited owner and on her death Musammat Lakhraji, the mother, became entitled to the property. The plaint then goes on to say that after the death of Musammat Murat there were disputes regarding mutation in the Revenue Court and, although the first Court decided in favour of Masammat Lakhraji, the appellate Revenue Court decided in favour of Jagarnath Gir, who, however, was not the chela of Onkar Bharthi nor was the property a math property and Onkar Bharthi had no right to initiate a disciple. It is then slated that Musammat Lakhraji the second defendant has executed a sale-deed dated February 13, 1923, in favour of

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