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1953 Supreme(Pat) 108

CHOUDHARY
Mt. Anupa Kuer – Appellant
Versus
Yogendra Jha – Respondent


Judgment

Choudhary, J.

1. This application by the plaintiff-decree-holder Musammat Anupa Kuer is directed against the order of the first Additional Subordinate Judge of Muzaffarpur passed in Miscellaneous Case No. 2 of 1952, refusing to amend the decree as prayed for.

2. One Bhangi Jha had two sons, namely, Raghu Jha and Boudhu Jha. Boudhu Jha died leaving a widow, Musammat Phulbati Kuer, and a daughter, Musammat Anupa Kuer the petitioner. Raghu Jha died leaving three sons one of whom is Jogmdra Jha, opposite party No. 1. Boudhu Jha had a half share in the ancestral property consisting of seven plots, and it appears that his shares in those plots were from the southern direction. On 20-6-1941, Musammat Phulbati Kuer as guardian of the plaintiff Anupa Kuer executed a sale deed in favour of opposite party No. 1 with respect to the southern portions of those plots. After the death of Musammat Phulbati Kuer the petitioner Anupa Kuer filed Title suit No. 304 of 1947 in the court of the Munsif, 2nd Court, Muzaffarpur on the allegation that the sale deed in question was executed without any legal necessity and it was not binding on her and prayed for recovery of possession of the land purp









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