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1958 Supreme(Pat) 1

R.K.CHOUDHARY, V.RAMASWAMI
Ganesh Jha – Appellant
Versus
Baidyanath Jha – Respondent


Judgment

1. In the suit which is the subject-matter of this appeal the plaintiff asked for a declaration that he is the next reversioner to the estate of Balkhandi Jha and that the sale-deed dated 18-3-1941, executed by his widow, Musammat Arjanwati, was without legal necessity and not binding upon the plaintiff. The plaintiff also asked for recovery of possession over the land mentioned in Schedule 1 of the plaint which was the subject-matter of the sale-deed executed by the widow Musammat Arjanwati. The case of the plaintiff was that Becha Jha and Balkhandi Jha were the sons of one Shambhu Jha and that Musammat Arjanwati was the widow of Balkhandi Jha. It was alleged that after the death of Balkhandi Jha, his widow Musammat Arjanwati was maintained by the plaintiffs father, and thereafter she was maintained by the plaintiff. It was also alleged that the plaintiff and defendant No. 5 were the next reversioners of Balkhandi Jha, and the sale-deed executed by Musammat Arjanwati on 18-3-1941, in favour of defendant No. 1 was not for legal necessity and not binding upon the plaintiff. The suit was contested by defendant No. 1 on the ground that the sale-deed was a bona fide transaction






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