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2008 Supreme(Bom) 937

A.P.BHANGALE
Jayant Gopalrao Pachade – Appellant
Versus
Motilal Kuber Kanoje – Respondent


Advocates appeared
Mr. R.S. PARSODKAR, Advocate for Appellant. Mr. R.C. MADKHOLKAR, Advocate for Respondent No.1.
Mr. A. V. BHIDE, Advocate for LRs. of Respondent No.2.

JUDGMENT:-

By this appeal, the appellant has challenged the judgment and decree dated 23rd October, 1991 passed by the 4th Additional District Judge, Akola in Regular Civil Appeal No.306 of 1988 whereby the 1st appellate Court allowed the appeal setting aside judgment and decree dated 30-6-1988 passed in Regular Civil Suit No.90 of 1986 by the Civil Judge, Junior Division, Murtizapur.

2. The facts which appear from record may be briefly stated as under:

Present appellant-original plaintiff filed suit on 9th July, 1986 with a prayer to set aside alienation made by plaintiff's father Gopal (original defendant No.2) in favour of present respondent No.1 Motilal Kuber Kanoje (original defendant No.1). According to plaintiff, he was born on 15th August, 1965. There was partition of ancestral property on 22-6-1967 and he was allotted 22 acres of land. Income from the share in property allotted to him was sufficient and his guardian-father purchased suit land for a sum of Rs.6,000/- under a registered sale deed dated 21-5-1969. His father, defendant No.2 sold suit land to defendant No.1 on 10-7-1974 out of no legal necessity and without any benefit to the estate of plaintiff (minor). Plainti



















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