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1950 Supreme(Nagpur) 7

BOSE, MUDHOLKAR
PUNDLIK S/O FAKIRA – Appellant
Versus
MT RAMSUKHIBAI W/O SAKATSING – Respondent


Advocates Appeared:
A L Halve, K G Chendke, M R Bobde, R S Dabir, Y S Tambe, Advocates

JUDGMENT

1. This is a Plaintiffs' appeal in a suit for a declaration of title to certain fields. Those fields originally belonged to one Balu father of Defendants 2 to 5. We will refer to him hereafter as the judgment-debtor for reasons which will become apparent as the narrative unfolds. The real contest is between the Plaintiffs and Defendant 1.

2. We will deal first with Defendant 1's title. He obtained a simple money decree against Balu in civil Suit No. 14 of 1926 on 27-8-1926. The decree was for Rs. 10,974-8-6 and Rs. 734-8-0 costs: total Rs. 11,709-0-6, It carried interest at Rs. 1-8 0 per cent per month simple. This decree was sent to the Collector for execution and on 22-5-1928 the Collector directed that instead of selling the property it should be leased to one Sitaram for 10 years at a rental of Rs. 2,700 a year, that is, for Rs. 27,000 in all (EX. 1-D-65). This was done, and on 1-10-1928 a formal lease-deed was drawn up and signed (EX. l-D-8). One Laxman was the surety. Shortly after, Sitaram assigned the lease to the surety and Laxman thus became the lessee.

3. In the meanwhile, the Plaintiffs also obtained a simple money decree against the same judgment-debtor. Balu, in























































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