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1997 Supreme(Pat) 285

O.N.ASTHANA
Ramdeo Rai (Deceased) – Appellant
Versus
Kapildeo Singh – Respondent


Judgment

O.N.Asthana, J.

1. This is the first appeal against the judgment and decree dated 27th February, 1976 passed by Sub-Judge, Siwan in Title Suit No. 405 of 1972, where the trial Judge dismissed the suit of the plaintiff.

2. The plaintiff-appellant filed the suit for declaration that the plaintiff is owner of the properties given in Schedules 1 and 2 of the plaint and that the defendsints have got no right, title and interest.

3. The case of the plaintiff is that the plaintiff is owner and is in possession of these properties; that the agricultural land given in Schedule A is fertile and gives the yield of Rupees eighty thousand in two years; and the plaintiff and his wife are living and their children died at an early age, and the plaintiff is an illiterate man of 60 years of age with no issues; that the defendants and their associate Mohan Lal live in the house close to the house of the plaintiff and they had been visiting the plaintiff often, and the plaintiff had full faith in the defendants and their associate Mohan Lal; that the defendants told this plaintiff that Ramadhar was selling his land at interest and the plaintiff might be a witness to the sale deeds being execu













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