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2007 Supreme(Pat) 510

NAVIN SINHA
Uma Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the petitioner, learned counsel for the State and the learned counsel for the Intervenor.

2. It is the case of the petitioner that he purchased the peoperty in question, identified as holding no. 337 (A), 51 (new), khesra no. 356 and 576 in ward no. 20 (new), tauzi no. 92 C and 268 B situated in Mohalla- Bengali Tola, Samastipur, measuring 1 katha 3 1/2 dhurs (out of a total area of 2 kathas 3 1/2 dhurs) by a registered sale deed dated 3.12.1985 from the vendor Smt. Swarna Kaur, who in turn purchased the same from one of the co-owners who acquired title on partition. A part of the vended lands were occupied by a tenant for which an eviction suit was instituted by the vendor of the petitioner and which came to be decreed and executed in Execution Case No. 21 of 1977 when possession was handed over to the petitioner on 14.12.2001 by the Nazir presently at Annexure-2. The area and description of the lands which came to be handed over to the petitioner in pursuance of the execution of the decree are mentioned in detail in Annexure-2. The boundaries of the entire vended lands are also described in the title deed. The petitioner applied for mutation a






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