LAWS(PAT)-1957-11-12

RAMLAGAN JAMADAR Vs. AKLESHWAR PRASAD

Decided On November 25, 1957
RAMLAGAN JAMADAR Appellant
V/S
AKLESHWAR PRASAD Respondents

JUDGEMENT

(1.) This appeal, by defendants 1 and 2, who were defendants first party to the suit, from a judgment of reversal, of the First Additional Subordinate Judge, Patna, who, in disagreement with the first Court, decreed the plaintiffs' suit, has been referred to a Division Bench by Kanhaiya Singh, J.

(2.) In support of the appeal, Mr. G.C. Mukherji has put forward two contentions, first, that the judgment of the Court of appeal below is not a proper judgment of reversal in accordance with law; and, second, that the sale deed executed by defendants 3 to 5, who were defendants second party to the suit, in favour of Khiru Jamadar, defendant 6, dated the 24th August, 1943, which was the document of title of the plaintiffs' vendor, being in custody of the plaintiff's throughout, and, they having allowed the thumb impressions of the executants of the sale-deed--defendants 3 to 5--to be blurred, were not entitled to a decree on the basis of the same.

(3.) In order to appreciate the two points raised by Mr. Mukherji, it is necessary to state briefly a few facts: