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1996 Supreme(SC) 2161

S.B.MAJMUDAR, N.P.SINGH
Sunder Dass – Appellant
Versus
Gajananrao – Respondent


JUDGMENT

S.B. Majmudar, J.-This appeal on the grant of special leave to appeal under Article 136 of the Constitution of India is directed against the judgment and order of a Division Bench of the High Court of Madhya Pradesh in First Appeal No. 2 of 1979 whereby the Division Bench dismissed the First Appeal and confirmed with modification the decree passed by the Trial Court against the appellants in Civil Suit No. 13A of 1978 in the Court of learned District Judge, Datia. The facts leading to this appeal shortly stated are as under.

2. The appellants are the original defendants against whom respondent Nos. 1 to 3, original plaintiffs, filed the aforesaid suit for a declaration that the registered Sale Deed dated 30th May 1959 executed by their father, respondent No. 4 in this appeal who was original defendant No. 6 in the suit, in favour of the present appellants is void and inoperative at law and for restoration of the possession of the suit house bearing Municipal No. 1153/1 situated in Rajgarh locality of Datia town in the State of Madhya Pradesh. For the sake convenience we will refer to the appellants as original contesting defendants and respondents 1 to 3 as plaintiffs in th



















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