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2001 Supreme(Pat) 1037

S.N.PATHAK
Mritunjay Kumar – Appellant
Versus
Srimati Pancho Devi – Respondent


Judgment

S.N.Pathak, J.

1. This second appeal is directed against the judgment and decree dated 14th December, 1987 and 2nd January 1988, respectively, passed by the 6th Additional District Judge, Munger, in M.T.A. No. 3 of 1987, affirming the judgment of the trial court dated 3rd January 1986 passed by the Munsif-II, Munger. The plaintiff of that suit is the appellant here.

2. The plaintiff had filed the aforesaid title suit seeking cancellation of certain sale-deeds executed by his father, defendant no. 5 of the suit in favour of defendant no. 1 and subsequently a sale-deed executed by defendant no. 1 in favour of defendant no. 2 and then defendant no. 2 executing a sale-deed in favour of defendant no. 3. All these sale-deeds were sought to be set aside on the ground that the defendant no. 5 was a profligate given to wine and women. The sale-deed executed by defendant no. 5 in favour of defendant no.1 was illegal, without legal necessity and without any consideration. The suit land was allotted to defendant no. 5 in partition among his brothers who had inherited the same from the plaintiffs grand father Sadho yadav. Sadho Yadav owned and possessed 1 bigha 10 kathas and 14 dhurs bf








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