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1972 Supreme(Pat) 249

S.ANWAR AHMAD
Chulhiya – Appellant
Versus
Nanipat Dass – Respondent


Judgment

S.Anwar Ahmad, J.

1. This appeal by defendants Nos. 1 and 2 (defendants first party) arises out of a suit for declaration that 4 kathas 18| dhurs of land appertaining to plots Nos. 767, 768. 771 & 790/1489 of Khata No. 88. in village Chak Jahangir Roza were the self-acquired properties of the plaintiffs and that the sale deed (Exhibit A) dated the 27th July, 1951, executed by the defendants second party (respondents Nos. 5. 6 and 7) was sham and without consideration and no title passed thereunder to the appellants. The further prayer of the plaintiffs was for recovery of possession, in case they were dispossessed during the pendency of the suit.

2. According to the case of the appellants the land in suit belonged to one Palat Das who died leaving behind two sons, Budhu Das (the original plaintiff) and Kamal Das. Budhu and Kamal separated from each other and partitioned the joint family property between them, each getting one-half share, i. e., 4 kathas 18J dhurs of land. Kamal Das died in the year 1951 leaving behind his widow Mt. Pathli (respondent No. 5) and two minor sons Harihar Das and Dhanichand Das (respondents Nos. 6 and 7). After the death of Kamal Das. his widow















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