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1936 Supreme(All) 72

HARRIES
Mt. Manbhari – Appellant
Versus
Pt. Sri Ram – Respondent


JUDGMENT

Harries, J. - This is a defendant's second appeal against a decree of the lower appellate Court reversing a decree of the Court of first instance which dismissed the plaintiff's claim. The plaintiff Sri Ram sued for possession of certain property and also for damages for the wrongful cutting and removal of certain trees in a grove which form part of the property in dispute. The learned Munsif who tried the case came to the conclusion that the sale deed upon which the plaintiff relied to establish his title was a fictitious document and that it gave the plaintiff no right of ownership or possession and that such rights still remained in the vendor who was the husband of the defendant, Mt. Manbhari, the present appellant in the suit. The lower appellate Court reversed the decision of the learned Munsif and held that the plaintiff Sri Ram was the owner of the property and that he was entitled to possession and damages in respect of the trees which had been cut. He however pointed out in his judgment that Sri Ram had obtained the property in question at a ridiculously low figure and that only a small part of that purchase price had actually been paid. He further pointed out tha

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