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1964 Supreme(Pat) 146

H.MAHAPATRA, A.B.N.SINHA
Nathuni Prasad Singh – Appellant
Versus
Mst. Kachnar Kuer – Respondent


Judgment

Mahapatra, J.

1. Both the appellants were plaintiffs who instituted a title suit in the court of the Subordinate Judge, Gaya, claiming themselves to be the next reversionary heirs of one Trilok Prasad Singh whose widow Kachnar Kuer is defendant No. 1 and mother Sheo Kuer is defendant No. 3. They claimed a declaration that the adoption of defendant No. 2, Dhiraj Narain Singh, by defendant No. 1 was illegal and void and the transfer made by defendant No. 1 under a registered Arpannama dated the 12th February 1956 in the name of Gopalji through the Shebait, defendant No. 3, was also illegal and void and not binding on the plaintiffs, Their case was that one Sheobalak Singh had three sons and two daughters. Of them, the eldest son died issueless. The second son Deonarain Singh had three sons who are all dead and only the widow of one of the sons Kamta Prasad Singh is alive and she is Sheo Kuer, defendant No. 3. The two plaintiffs are the sons of the third son of Sheobalak, Ramnarain Singh. Kamta Prasad Singh had two sons Trilok Singh and Kedarnath Singh. The latter died issueless. Trilok Singh died in May 1948 leaving his widow defendant No. 1, Kachnar Kuer.

On the death of Tri










































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