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1993 Supreme(Pat) 86

R.M.PRASAD, S.B.SINHA
S. K. Dukhan Alias Abdul Hagiz – Appellant
Versus
State Of Bihar – Respondent


Judgment

S. B. Sinha, J.

1. -these three applications with the consent of the parties were taken up for hearing together and are being disposed of by this common judgment.

2. However, the fact involved in each matter would be noticed separately.

3. Cwjc No.864 of 1993. By a registered deed of sale dated 15-3-1963 Sk. Sharif and others who are the recorded Raiyats of Khata Nos.213 and 215 executed a deed of sale dated 15-3-1963 in respect of Plot Nos 106,134 and 339 appertaining to khata No.213 and Plot No.394, 445, 472 and 371 appertaining to Khata no.215. Allegedly the transferee did not come in possession of the purchased lands and the recorded raiyats continued to be in possession. Respondent no 5 allegedly re-conveyed the said land to the said transferors by executing two registered deeds of sale dated 22-5-1990. The said deeds are contained in Annexures-5 and 5/a to the writ application.

4. According to the petitioner the petitioner No.1 was not a party to the aforementioned transfer although he had l/8th share therein. The petitioners have contended that" on 15-1-1993 they came to learn that the lands in question were going to be distributed and upon enquiry name to learn that
































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