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1992 Supreme(SC) 12

N.M.KASLIWAL, B.P.JEEVAN REDDY
Omprakash – Appellant
Versus
Jaiprakash – Respondent


Advocates:
GIRISH CHANDRA, J.P.GOYAL, K.K.GUPTA, M.R.Bidsar, O.P.RANA, R.C.VERMA

Judgment

KASLIWAL, J.:- This appeal by special leave is directed against the Judgment of Allahabad High Court dated 24-11-1987. The plaintiff-respondent filed a suit on the ground that the land purchased through 4 sale deeds dated 10-6-1968, 21-6-68, 17-1-1976 and 23-6-1977 were purchased by him alone and he was the real owner of said land. The name of the defendants/appellants were included in the said sale deeds only as benamidar. The defendants-appellants took the plea that they had paid their part of the sale consideration and the land was jointly purchased in the name of both the parties. It may be noted that the defendant-appellant Om Prakash and plaintiff-respondent Jai Prakash are brothers and defendant-appellant No. 2 Smt. Satyawati is the wife of appellant Om Prakash. It has come on record that the appellant No. 1 Om Prakash was in Government service ever since 1953 and the plaintiff-respondent was looking after the entire agricultural property in the village. Consolidation proceedings also took place in the village and during the consolidation operation partition had been effected in the revenue records and chaks had been carved out in accordance with the share of the par














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