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1943 Supreme(Nagpur) 146

BOSE
DAGULAL TILOKCHAND GANYRADE – Appellant
Versus
RAMESHWAR RAMKARAN – Respondent


JUDGMENT

Bose, J—The defendant appeals. He is the lambardar and the plaintiff, who claims to be a 0-1-8 sharer in the village, sues him for his share of the village profits. The defence is that the plaintiff is not a cosharer and so has no right of suit. The plaintiff derives title through one Mumtaz Hussain and the crucial question here is whether Mumtaz Hussain had any title to a share in the village. According to the plaintiff Mumtaz Hussain obtained title at an auction sale. It is admitted that one Ghasiram and certain others had a 0-5-4 share in this village. A decree was obtained against them, and, according to the plaintiff 0-1-8 out of this 0-5-4 was put to sale find purchased by Mumtaz Hussain. The defendant denies this, and in order to understand his case it will be necessary to bear in mind that we are concerned with two villages in this case with names so alike that one can easily be mistaken for the other. One of these villages is Dedgaon Malguzari and the other is Dedgaon Circular. Ghasiram and the others had shares in both villages and shares in both were attached. The question is whether any share in Dedgaon Malguzari, which is the village in suit, was put up to sale







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