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1996 Supreme(Pat) 733

S.N.JHA
Bibi Shamsunnissa – Appellant
Versus
Gurcharan Koeri – Respondent


Judgment

S. N. Jha, J.

1. This Second Appeal is by the defendant. The plaintiff-respondents instituted Title suit No.79 of 1970 before the Munsif, Chapra, seeking decree of redemption of the zarpeshgi deed dated 28-7-16 (at some places the date of the deed is mentioned as 28-7-17) executed by their ancestor gopal Mahto in favour of Akram Hussain for Rs.200/-. Akram Hussain instituted Mortgage suit (T. S. No.47 of 1933) and got the land auction sold in execution Case No.898 of 1935. Akram hussain himself purchased the land on 12-2-36. His son Ahmad Hussain latter sold it to the defendant in 1948. The plaintiffs tendered the amount of zarpeshgi to the defendant and on refusal deposited the same in Court as required under Sec.83 of the Transfer of property Act. On the defendants refusal to accept the deposit they instituted the suit. According to the plaintiffs, the decree in the mortgage suit (Suit No.47 of 1933) was obtained fraudulently by suppressing material facts and playing fraud upon the Court. The decree and the auction purchase being fraudulent, the subsequent sale by the auction-purchaser did not confer valid title upon the defendant. According to the defendant, she is a bon
















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