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1997 Supreme(Pat) 145

M.Y.EQBAL
Mariam Khatoon – Appellant
Versus
Husna Ara Begum – Respondent


Judgment

M.Y.Eqbal, J.

1. This Civil revision application is directed against the order dated 15.12.1988 passed by Learned Subordinate Judge IV, Patna in Title Suit No. 375 of 1981 here by the petitioners petition for amendment of their plaint was rejected.

2. The petitioners filed the aforesaid suit for partition of their 7 annas 2 pice share in the suit property after declaring that the alleged deed of gift dated 30.6.1973 purported to be executed by Amna Khatoon, since deceased, in favour of the original defendant No. 1 after Abdul Qadir was forged, fabricated, fraudulent and illegal and not binding on the plaintiffs and that defendant No. 1 has acquired no interest thereunder. From the fact stated in the Civil revision application it appears that the suit property is a residential house bearing Holding No. 54, Circle No. 118 measuring about 15 kathas situated in mohalla Moghalpura, Nawab Bahadur Road, Patna and about 22 acres of lands in village Rasulpur and Bhikhanpur both under the district of Muzaffarpur, was the personally acquired property of late Dr. Ali Ahmad, who was a well known physician of Patna. The said Dr. Ahmad purchased the said property in the name of his wife M













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