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1976 Supreme(Pat) 200

SHAMBHU PRASAD SINGH, S.K.JHA
S. K. Musan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: Shri B.C. Ghosc, Shri M.P. Pandey, and Shri Amerandra Kumar Singh.
For the respondents: Shri R.B. Mahto (G.P. IV) with Shri Rafat Alam, Shri S. Shamsul Hasan (S.C. I) with Shri Sharwan Kumar and Smt. Indu.

JUDGMENT

Shambhu Prasad Singh, J.

These three writ applications have been heard together and are being disposed of by this judgment. Sk. Musanis petitioner in C. W. J. C. No. 1540 of 1973. His two daughters Bibi Saifunnissa and Bibi Zohra Alam are petitioners in C.W.J.C. No. 1678 of 1973 and his five grandsons, Md. Ashfaque, Md. Salauddin, Md. Jawed, Md. Afaque and Md. Mushtaq, are petitioners in C.W.J.C. No. 1553 of 1973.

2. The case of the petitioners in all the three writ applications, stated together, is that SK. Musan made an oral gift in respect of the plots as detailed in paragraph five of the application in C.W.J.C. No. 1678 of 1973, in favour of his two aforesaid daughters. The daughters were mutated in the serishta of the landlord and recorded in the revisional survey Record-of-Rights, which started in the year 1952 in the district of Purnea, where the lands are situate. This fact is supported by Annexures 2 and 1 (a) of C.W.J.C. No. 1678 of 1973 and annexures 2 (a) and 2(c) of C.W.J.C. No. 1540 of 1973. Their case further is that St. Musan made gifts of certain lands by separate registered deeds of gift, dated the 1st February, 1972, in favour of his five grandsons. The do









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