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1999 Supreme(Pat) 1053

P.K.DEB
Sarkar Sharan – Appellant
Versus
Ram Prasad Gupta – Respondent


Advocates appeared:
For the Petitioners: M/s. D.K. Sinha, Binod Kumar Singh.
For the Opposite parties : M/s. Sashi Shekhar Dewedi, Smt. Sushila Mishra, Pathak Dhananjay Kumar.

JUDGMENT

P.K. Deb, J.- This Revision petition has been preferred against the judgment and decree dated 31.7.1998 passed by the IInd Munsif, Chapra at Saran in Eviction Suit No.7 of 1995 directing the defendants-petitioners to vacate the suit premises within thirty days and to give delivery of possession to the plaintiff.

2. In a double storied building ground floor is the disputed portion in the suit. According to the plaintiff-Opposite party the suit property i.e. the whole building including the premises on the ground floor was gifted by the father of plaintiff No.1 by a deed of gift dated 17.12.1991. At the relevant time of gift and at the time of filing of the suit the plaintiff no.1 was a minor and the gifted property was taken in possession by the plaintiff no.1, through his mother natural guardian Plaintiff no.2. The father of plaintiff no.1, namely, Shambhu Nath Prasad Gupta had lost his mental balance since two and half years prior to the filing of the suit and the plaintiff No.2 the wife is managing the livelihood of the family including the treatment of her husband by hard labour. Besides plaintiff No.1, plaintiff No.2 has got two other minor daughters. For increasing the




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