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1995 Supreme(Pat) 451

B.L.YADAV
Bibi Riajan Khatoon – Appellant
Versus
Sadrul Alam – Respondent


Judgment

B.L.YADAV, J.

1. This Second Appeal by the plaintiffs has been preferred under Sec. 100 of the Code of Civil Procedure, 1908 (compendiously the Code) against the decree and judgment of the 3rd Additional District Judge, Purnia, setting aside the decree of the Subordinate Judge in a title suit brought by them for declaration that gift deed dated 25-3-1972 executed by Haji Zakiruddin the original Plaintiff No. 1 in favour of the defendants was a sham and collusive transaction, and it did not create any title in favour of the defendants and the plaintiffs have got title over the suit land to the extent of -/8/10 paise.

2. Shorn of details the case of the plaintiffs-appellants is that the suit property having an area of 3.49 acres of land mentioned in Schedule A of the Plaint belongs to original Plaintiff No. 1 Haji Zakiruddin and was recorded in his name. Plaintiff Nos. 2 and 3 are daughters of Haji Zakiruddin. The third daughter named Bibi Aliman had pre-deceased Hazi Zakiruddin, Plaintiff No. 1. Hazi Zakiruddin and defendants are descendants of common ancestors Lapatu Mian who had two wives and through his first wife, he has two sons, namely, Late Hazi Zakiruddin and Ajmat A











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