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1912 (4) TMI 4

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....tas of land for him from Jadunath. The purchase was made in the name of Umar Ali by a conveyance dated the 17th Jaisth 1311 B.S. and the price paid is stated to have been Rs, 250. After the conveyance had been executed, it is stated that Jadunath discovered that the plaintiff was the real purchaser and refused to have the document registered. It was, however, eventually registered at the instance of Umar Ali; but Jadunath had, in the meantime, conveyed the land to the defendants Bakaullah and others, who were put in possession and refused to relinquish it. In consequence, a suit to establish his title and recover possessions was brought by Umar Ali against the defendants, and it was decreed. The plaintiff's case is that Umar Ali was his....

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....Bakaullah and others, defendants Nos. 3, 4, 5 and 6 in the lower Courts, who claim to have purchased the land from Umar Ali after the decision of the title suit in which Umar Ali was the plaintiff. 4. In support of this appeal, several points have been argued, but the one which appears to us at present to be of importance is that the learned Judge of the Court of Appeal below appears to have been influenced in arriving at his decision by the evidence of one Haran Chandra Chatterjee, who was a Pleader for Umar Ali in the title suit brought against Jadunath, such evidence being inadmissible under the provisions of Section 126 of the Indian Evidence Act. The main point, on which the plaintiff-respondent relied in support of his case, was that....