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1960 Supreme(MP) 381

P.V.DIXIT, K.L.PANDEY
Munnalal Beharilal Jain – Appellant
Versus
Balchand Lachmandas – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: B.L. Seth and S.L. Golchha
For Respondents/Defendant: R.S. Dabir and V.S. Dabir

JUDGMENT

K.L. Pandey, J.

This appeal under the Letters Patent is directed against the reversing decree of the learned single Judge by which the plaintiffs' claim for possession of a house and arrears of rent in respect of that house was dismissed.

The main facts of this case, which are no longer in controversy, may be briefly stated. The house in dispute was owned by the two defendants and their father Lachhmandas. They executed in favour of the plaintiffs a sale deed dated 22nd January 1938. Also, on the same date, the two defendants further executed a chitthi by which they undertook to pay to the plaintiffs Rs.150 as rent of the house for one year and promised to vacate it at the end of that year. It appears that Lachhmandas died subsequently. Since the defendants did not get the sale deed registered, the plaintiffs filed a suit under section 77 of the Registration Act and obtained a decree directing its registration. Even so, they did not present the sale deed for registration within 30 days of the decree and could not thereafter get it registered as decided finally in Munnalal v. Pachorilal 1950 NLJ 266 : ILR 1950 Nag. 805 : AIR 1950 Nag. 105. In the meanwhile, the plaintiff's had





























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