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2017 Supreme(SC) 508

ARUN MISHRA, S.ABDUL NAZEER
CHAMPA DEVI – Appellant
Versus
SUDAMA DUBEY (DEAD) – Respondent


ORDER

S.ABDUL NAZEER, J.

1. Leave granted.

2. This appeal by the plaintiff is directed against the judgment and decree dated 16.07.2012 in Second Appeal No. 454 of 1994, whereby the High Court of Judicature at Allahabad has set aside the judgment and decree in Civil Appeal No. 74/1991 dated 28.02.1994 passed by the Civil Judge, Jaunpur and restored the judgment and decree in Suit No. 208/1982 dated 10.05.1991 passed by the Munsif, Jaunpur.

3. Smt. Champa Devi, the appellant herein, is the daughter of Shree Ram and Sursatti. Shree Ram and Sursatti filed the Suit O.S No. 208/1982 against Smt. Prabhawati Devi, wife of Ram Lakhan Dubey for cancellation of the sale deed dated 10.02.1982 executed by them in favour of Smt. Prabhawati Devi in respect of land bearing No.1127 admeasuring 1 acre 12.5 decimals situated at Gandhuauna Village, Pargna and Tehsil Madhiyahu, Jaunpur District. Ram Lakhan Dubey is the brother of Shree Ram. The plaintiffs died during the pendency of the suit. Therefore, their daughter Smt. Champa Devi had been brought on record as their legal heir.

4. It is the case of the plaintiffs that they are the owners and in possession of the land in question. They had been resi





















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Judicial Analysis

M.V. KRISHNA RAO vs K.SHIVAKUMAR - 2024 Supreme(Online)(MAD) 40132: Burden of Proof - The onus to prove that sale consideration was duly paid rests on the defendant. 2017 (6) SCALE 551 (Champa Devi vs Sudama Dubey (Dead) & Others) CA No.8153 of 2017 SLP (C)No.33280 of 2012V. ... Sudama Dubey (Dead) & Others reported in

**Explanation**: The provided entry contains no keywords or phrases indicating any judicial treatment by subsequent decisions (e.g., followed, distinguished, criticized, overruled, reversed, or abrogated). It appears to be a citation or summary of a single case (Champa Devi vs Sudama Dubey (Dead) & Others, 2017 (6) SCALE 551) stating a legal principle on burden of proof, with incomplete procedural history details (e.g., CA No.8153 of 2017 from SLP (C)No.33280 of 2012). Absent any explicit treatment indicators, the status is unclear and ambiguous.

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