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1982 Supreme(Pat) 57

BIRENDRA PRASAD SINHA
Thakur Sah – Appellant
Versus
Sheo Pujan Prasad – Respondent


Judgment

1. This is an appeal by the defendant-appellant. The plaintiffs filed a suit for declaration of title and confirmation of possession in respect of 2 kathas 3 dhurs of land of survey plot No.229/1022 of khata No.286 situate in village Hansrajpur Khurd, police station Baniapur in the district of Saran after declaring that the sale deed dated 3-7-1962 executed by defendant No.3 in favour of defendant No.1 was a farzi and fraudulent transaction and was not binding on the plaintiffs. The plaintiffs claimed that the disputed land belonged to them and was in their possession since before the Revisional Survey. The ex-landlords filed a rent suit for realisation of rent of khata Nos.286 and 288 and obtained a decree. The decree was put in execution and the holding was auction-sold in 1925. The original plaintiff claimed that he along with Nathuni Sah, father of defendant No.1, had jointly purchased the said holding in the auction sale but in the farzi name of one Bhaju Sah who was a relation of Nathuni Sah. According to the plaintiff, Bhaju Sah did not pay any single pie in the auction purchase and never had any concern with the auction purchased land. The plaintiff continued in pos






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