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2005 Supreme(Pat) 943

SYED MD.MAHFOOZ ALAM
Deonath Shrivastava – Appellant
Versus
Gaitri Srivastava – Respondent


Judgment

Syed Md.Mahfooz Alam, J.

1. This second appeal has been preferred against the judgment and decree dated 19-3-1990 passed by Sri Ram Kishore Singh, District Judge, Katihar, in Title Appeal No. 15 of 1998 affirming the judgment and decree dated 12-8-1988 passed by Sri Ram Narain Singh Sub-Ordinate Judge, Katihar, in Title Suit No. 43 of 1986.

2. Being aggrieved and dissatisfied with the said judgment and decree the defendants-appellants have preferred this appeal,

3. The brief facts of the case are as follows : The plaintiff-respondent, namely, Most. Gayatri Srivastava filed a suit before the sub-Judge, Katihar, against the defendants appellants for partition of the suit land with respect to her share. The suit was numbered as Title Suit No. 43 of 1986. The case of the plaintiff was that Mahadeo Lal was the father of the plaintiff and defendant No. 2. He was working in the police department and out of his earning he acquired considerable properties in his own name as well as in the name of his wife Smt. Khiroda Devi, who was originally defendant No. 1. She had no income of her own. The said Mahadeo Lal remained in possession of the properties mentioned; in Schedule-A of the p






























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