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1908 Supreme(All) 134

BANERJI, RICHARDS
Lalta Prasad – Appellant
Versus
Jagar Nath Singh, Dwarka Prasad – Respondent


JUDGMENT

Banerji, J. - This and the connected First Appeal No. 118 of 1906 arise out of a suit brought by the respondents Lalta Prasad and Bhuaneshri Prasad for possession of a 2 anna 6 pie share of zamindari and for a declaration that a sale-deed, dated the 28th of June 1899, executed by them jointly with one Dwarka Prasad in respect of the said share, is null and void.

2. The plaintiffs are the sons of Lala Madho Prasad, whose paternal uncle is the aforesaid Dwarka Prasad. After the death of Madho Prasad in 1882, Dwarka Prasad applied for and obtained in 1888 a certificate of guardianship of the persons and property of the plaintiffs who were minors at the date of their father's death. Madho Prasad and Dwarka Prasad jointly owned an 8 anna share in the village Kharaun, out of which Madho Prasad, in his life-time sold 2 annas 9 pies and Dwarka Prasad sold 2 annas 6 pies after Madho Prasad's death. The remaining 2 annas 9 pies was sold by the plaintiffs and Dwarka Prasad on the 28th of June 1899 to Jagar Nath Singh defendant and the predecessors in title of defendants Nos. 2 to 11. The plaintiffs state that they were minors at the date of the sale; that they are persons of weak intel

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