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1984 Supreme(Pat) 398

S.B.SANYAL
Chhedi Tanti – Appellant
Versus
Gangati Devi – Respondent


Advocates Appeared:
For the Appellants: M/s Sudhir Chandra Ghose and Devendra Narain Singh.
For the Respondents: M/s. Karuna Sagar and Mr. Sheo Kumar Singh.
For the M.R. Nos. 2A and 2B: Mr. Ashok Kumar Sinha No. 4.

JUDGMENT :

Satya Brata Sanyal, J. - This second appeal is by the plaintiffs. It arises out of a suit for declaration of title to 8 kathas 7 dhurs of land with a Khapara-posh house in Mohalla Bari-Ashiquepur, P. S. Jamalpur, District Monghyr, comprising holding no. 53. The plaintiff-appellants are the heirs and successor of the original plaintiff Most. Sanfo Devi. The additional prayer in the suit was for a declaration that the title acquired by the plaintiff by virtu of deed of gift dated 2.12.1969 (Ext. 1) was in no way affected by the deed of cancellation dated 2.3.1970 (Ext. 4) and the sale deed dated 3.3.1970 executed by defendant 2nd party (Ext. R) in favour of defendant Ist party is void and inoperative. The suit has been instituted with the aforesaid prayer on 11.6.1979. For the purpose of determination of the question raised in this second appeal, it is not necessary to state the facts in detail. Suffice it to say that one Nathoo Tanti executed a registered deed of gift (Ext. 1) on 2.12.1969 in favour of Most. Sanfo Devi in consideration of services rendered by her. She accepted the gift by putting her thumb impression in the deed itself. On 2.3.1970, Nathoo Tanti vide Ext.












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