Nepal Rai vs Paras Ram Dube - 1936 Supreme(All) 339

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1936 Supreme(All) 339

COLLISTER
Nepal Rai – Appellant
Versus
Paras Ram Dube – Respondent

JUDGMENT

Collister, J. - This is a defendants' appeal which arises out of a suit to recover possession of five plots, Nos. 201, 285, 365, 289 and 346/2, in village Ghhapra Mansur in the District of Gorakhpur. The case for the plaintiffs, as set out in the plaint, may be briefly stated as follows:

On 17th October 1911, a co-sharer named Kamta, who owned 19 pies in khata khewat No. 2, executed a usufructuary mortgage in respect of the plots in suit and other plots in favour of defendants 1 and 2 and the father of defendant 3. On 25th April 1928, Lalsa, the son of Kamta who by that time had died, sold the five plots in suit along with other plots to plaintiffs. 1 and 2 and the father of the remaining plaintiff's, leaving with the vendees the money required to pay off the mortgage-deed of 17th October 1911. The plaintiffs duly deposited this money in Court in favour of the defendants in accordance with the provisions of Section 83, T.P. Act; but the defendants refused to deliver possession of the plots in suit. The defendants pleaded inter alia that on 23rd December 1921, they had purchased a five pie share in khata khewat No. 2 from Kamta and his son, Lalsa, and that they thus acquired