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2003 Supreme(Pat) 728

S.K.KATRIAR
Phul Kumari Tripathi – Appellant
Versus
Bina Devi @ Saraswati Devi – Respondent


Judgment

S.K.Katriar, J.

1. The plaintiff is the appellant against a judgment of affirmance. This appeal is directed against the judgment and decree dated 6-3-2002, passed by learned Additional District Judge II, Patna, in Title Appeal No. 21 of 1994 (Smt. Phul Kumari Tripathi V/s. Smt. Veena Devi @ Saraswati Devi), whereby he has dismissed the plaintiffs appeal, and has upheld the judgment and decree dated 21-1-1994, passed by learned 2nd Munsif, Patna, in Title Suit No. 841 of 1988 (Smt. Phul Kumari Tripathi V/s. Veena Devi @ Saraswati Devi), whereby the suit had been dismissed. Hence this appeal at the instance of the plaintiff. We shall go by the description of the parties occurring in the plaint.

2. The facts lie in a narrow compass, and are almost admitted except some details which are inconsequential for the disposal of this appeal. According to the plaint, CS Plot No. 506, appertaining to Khata No. 39, situate in the locality of Rajapur in the township of Patna, originally belonged to Vijay Kumar Singh, out of which he sold two and a half kathas each in favour of the plaintiff and the defendant by separate registered deeds of absolute sale dated 24-1 -69. There was and conti

























































































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