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1986 Supreme(Pat) 369

B.N.AGRAWAL
Pradip Narain Singh – Appellant
Versus
Brij Nandan Prasad – Respondent


Judgment

1. The defendants are appellants before this Court against the judgement of affirmance passed in a suit for specific performance of contract.

2. The plaintiffs case in short, is that one Umrao Mahto died in jointness leaving behind two sons Tosila Mistry and Khush Lal Mistri. Khush Lal died leaving behind three sons, Karu, Ugrasen and Sukh Lal. Karus son is Siri who had two sons and they are plaintiffs. Sukh Lal died leaving behind his widow (defendant No. 1) and three daughters (defendants 2, 3 and 4). The interest of Sukh Lal in the suit property was admittedly 1/6th. It is said that on 21-4-1969 defendant No. 1 who is widow of Sukh Lal executed a Mahadanama in favour of the plaintiffs agreeing therein to transfer 1/6th share in the suit property in their favour for Rs. 5000.00 out of which Rs. 4000.00 was paid. Defendants 1 to 4 who are widow and daughters of Sukh Lal sold their 1/6th share in the suit property to defendants 5 and 6 under registered sale deed after execution of the Mahadanama in favour of the plaintiffs by defendant No. 1. Defendants 5 and 6 sold the property purchased by them as stated above to defendants 7 to 13 under a registered sale deed. So far as












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