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1997 Supreme(Pat) 87

DHARAMPAL SINHA
Most Suthara – Appellant
Versus
Bibi Samsunisha – Respondent


Judgment

Dharmpal Sinha, J.

1. This second appeal is directed against the judgment dated 11.3.1983 and the decree based thereon passed by Sri Aditya Saran, 2nd additional Subordinate Judge, Chapra in Title Appeal No.26/47 of 1977/1981, whereby the learned Subordinate Judge has reversed the decree dated 29.11.1976 passed in Title Suit No.81 of 1970 by Sri Brij Nandan Prasad Singh, munsif IVth Court, Chapra, who had decreed the suit.

2. The appellants herein and respondents second set, who are the descendants of Bipati, whose son had instituted the suit seeking the reliefs (with regard to 1 Bigha 9 kathas and 9 dhurs land appertaining to plot No.127 and 153 of khata No.48 of village narayan Palia), namely, that it be declared that they had got title over the land and the defendants (respondents here in) had no right in that land and that a sale deed, which had been executed by one Janki Devi (originally respondent No.12 in this appeal but now dead) in favour of defendant No.1 bibi Shamshun Nisha, whose heirs are respondents herein, was illegal and void conferring no title to the purchaser and that the defendants be directed to hand over the original mortgage deed, which had been execu






















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