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1989 Supreme(Pat) 195

S.B.SINHA
Dola Devi – Appellant
Versus
Ali Hussain – Respondent


Advocates appeared:
For the Appellant :-M/s -B.K. Dey and A.K. Sahani.
For the Respondent No. 1: Mr. C. S. Prasad.
For the Respondent No. 3: Mrs. Jaya Roy.

JUDGMENT

S.B. Sinha, J :-

This second appeal arises out of a judgment and decree dated 12-6-1984 passed by Sri Ranjit Prasad Sinha, 3rd Additional Subordinate Judge, Giridih in Titlie Appeal No.3 of 1982/6 of 1983 whereby and whereunder the said learned court reversed the judgment and decree dated 22-9-1981 passed by Sri G,W. BAA, learned Munsif, Bermo at Tenughat in Title Suit No. 14 of 1975.

2. The facts of the case lie in a very narrow compass. The plaintiff by virtue of a registered deed of sale dated 16-3-1972 (Ext.1) purchased the suit lands which is in several posts appertaining to Khata No. 364 in village Hossir. P. S. Gomia. Dist. Giridih. Admittedly the consideration amount fixed in respect of the aforementioned sale deed was Rs. 1500/-.

3. From a perusal of the said registered deed of sale dated 16-3-1972 (Ext.1) it transpires that the plaintiff paid a slim of Rs. 700/- to defendant No.1 (Vendor) and the balance amout of Rs. 800/- was to be paid on a later date. According to the plaintiff, on or about 17-3-1972 she paid the balance sum of Rs. 800/- therefore the defendant No.1 granted Kabja wasuli receipt which was marked before the learned court below as Ext. 2. The furthe





























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