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1923 Supreme(All) 294

GOKUL PRASAD, RYVES
Ram Sewak Rai – Appellant
Versus
Sheo Naik Rai – Respondent


JUDGMENT

1. In the year 1869 the predecessors of the plaintiffs put in execution a simple money-decree which they had obtained against one of the defendants and the predecessor-in-title of the others. In those proceedings the parties came to an agreement which was embodied in an application made to Court. According to that agreement it was acknowledged that the sum due to the plaintiffs was Rs. 301, and certain plots of lend measuring 3 bighas 12 biswas belonging to the defendants were put into possession of the plaintiffs and it was agreed that they should take the usufruct in lieu of the interest due on the debt and that the defendant could redeem on payment of Rs. 301. It was further agreed that if the plaintiffs were dispossesed they should then proceed with the execution of the decree. The Court passed orders in terms of this compromise and the plaintiffs obtained possession. They remained in possession of the whole land until the year 1884, when, during the settlement, the area in their possession was reduced to 2 bighas 2 biswas and 13 biswansis. In the year 1916 that area was further reduced owing to diluvion and in 1920 the whole of it was submerged by the river. This suit

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