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2010 Supreme(Pat) 2241

SHEEMA ALI KHAN
Sachida Nand Sharma @ Sachida Nand Pandey – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

SHEEMA ALI KHAN, J.

1. Two questions that have arisen in this case are whether the sale deed dated 04.05.1967 executed by Sri Ram Pandey, uncle of respondents 5 to 7 is a void document or a voidable document? The second question is whether the Joint Director, Consolidation (Gaya) could have looked into the sale deed and interpreted it in favour of one or the other party?

2. The facts are that Jai Ram Pandey became the owner of the property through a deed of gift, executed by the grandmother of Jai Ram Pandey on 11.07.1953. Jai Ram Pandey subsequently disappeared and remained traceless.The respondents 5 to 7 were minor at the time of disappearance of their father. The father of the petitioners was the purchaser of the lands in question by virtue of the sale deed executed on 04.05.1967 by Sri Ram Pandey, the brother of Jai Ram Pandey, on his own behalf and on behalf of the minor sons of Jai Ram Pandey, respondents 5 to 7.

3. The case set up on behalf of the petitioners is that, Sri Ram Pandey got a deed of gift executed in favour of his elder brother, namely, Jai Ram Pandey, however the property was meant to be jointly enjoyed by Jai Ram Pandey and Sri Ram Pandey. It is, the
















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