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CHATURVEDI
Shankar Singh Ganpat Singh – Appellant
Versus
Gajraj Singh Kishori Singh – Respondent


Advocates Appeared:
Patankar and Hargovind Mishra, for Applicant; Krishna Bahadur and Vidyasagar, for Opponent.

ORDER :

This is plaintiff's revision against the decree dated 24-2-1950 passed by the learned District Judge, Shajapur, in second appeal affirming the decrees of the first Appellate Court and of the trial Court dismissing the plaintiff's suit for a declaration of title. The dispute relates to two annas share in a zamindari in village Berakhedighat, parganna Basoda, District Bhilsa. It was alleged in the plaint that in 1912 a four annas share was purchased from one Krishna Singh jointly by the father of the plaintiff and that of the defendant for a sum of Rs.231/-. The defendants' father Kishore Singh at that time had no money with him and so the plaintiff's father Ganpat Singh had to pay Rs.115/8/- on behalf of Kishore Singh to Kishan Singh. The father of the defendant could not pay the said sum of Rs.115/8 to the father of the plaintiff and therefore by a deed dated 24-12-1912 he relinquished his rights in the said zamindari and abandoned his possession over it. The said deed could not be registered and a formal sale deed could not be executed when Kishore Singh and Ganpat both died. Thereafter in the Khewat the defendant Gajraj Singh was recorded as owner of two annas share, the p









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