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1998 Supreme(Pat) 668

M.Y.EQBAL
Sachchidanand Singh – Appellant
Versus
Nathuni Yadav – Respondent


Judgment

M.Y.Eqbal, J.

1. This Civil Revision application. is directed against the order dated 30.5.1998 passed by the Subordinate Judge IV, Darbhanga, in Title Suit No. 68 of 1990 rejecting the petition of the plaintiff-petitioners purported to have been filed under Order XII, Rule 6 of the Code of Civil Procedure and refused to pronounce judgment.

2. The plaintiffs-petitioners instituted the aforesaid suit seeking relief for declaration that the two sale deeds dated 18.11.1989 executed by Upendra Nath Shukla being attorney of Gangotri Dubey in favour of the defendants are null and void, illegal, without consideration, ineffective sham and collusive and not binding on the plaintiffs. The plaintiffs claimed the suit property measuring 5 Bighas, 7 Kathas and 17 dhurs situated in village Ramashalla, P.S. Darbhanga, District Darbhanga, on the basis of settlement by the Ex-landlord in the year 1917 Fasli and also on the basis of the sale-deeds executed on different dates in the year 1922 and 1930 and further on the basis of continuous possession. According to the plaintiffs, Upendra Nath Shukla as an attorney had no right to execute the sale deeds as neither Gangotri Dubey nor his heirs













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