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1936 Supreme(All) 141

BAJPAI
Adit Singh – Appellant
Versus
Rai Bindayal Sahu – Respondent


JUDGMENT

Bajpai, J. - This is an appeal by the plaintiff. He brought a suit for possession of certain properties entered at the foot of the plaint and for damages. He impleaded as defendants to the suit defendants first party who it was alleged were in possession of the property in dispute, and defendants' second party who it was alleged had made a mortgage of the property in dispute which mortgage had been sued upon, and in execution of a decree for sale passed on the basis of the said mortgage against the said defendants' second party, the defendants' first party had obtained possession of the property in suit. He also impleaded as defendants, defendants' third party who, it was said, were jointly interested with the plaintiff in the property in dispute, but as they were absent they could not be joined as plaintiffs but were made pro forma defendants. The plaintiff's suit has been decreed by the Courts below with respect to certain portion of the plaint property but was dismissed in respect of two plots Nos. 1326 and 983, and the appeal before me is with respect to these two plots alone.

2. The allegations on the basis of which the claim in respect of these plots was made were that

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