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2010 Supreme(Pat) 2240

AKHILESH CHANDRA
Jagdish Rai S/o Late Raghunandan Rai – Appellant
Versus
The State Of Bihar And Rajendra Pratap Singh S/o Suryadeo Narayan – Respondent


JUDGEMENT

Akhilesh Chandra, J.

1. Heard learned Counsel for the petitioners in all the three cases, learned Additional Public Prosecutor for the State and learned Counsel representing the informant. Since all the three petitions arise out of one case, they have been heard together and being disposed of by composite order.

2. The relevant facts for consideration is that one Janaki Devi was undisputed owner of the subject matter of the proceeding who executed two registered sale deeds for her property having an area of 3 Kathas 9 Dhoors respectively on 16.03.2001 and 17.03.2001 in favour of opposite party No. 2 on payment of consideration. The informant further averted that in the house in question Chandeshwari Prasad Singh, deceased father of petitioner No. 3 in Cr. Misc. No. 9336/2007 was a tenant who assured to vacate the house within a short period and he along with other petitioners persuaded the informant to enter into transaction as the property in question is free from any encumbrance and dispute but after purchase and mutation in the names of the purchaser/informant with respect to said property Late Chandeshwari Prasad Singh started avoiding eviction and further in collusion







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