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1984 Supreme(Pat) 223

M.P.VARMA
Jadunandan Prasad Sah – Appellant
Versus
Jainandan Pd. Chaudhary – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. Parmeshwar Prasad.
For the Opp. party : None.

JUDGMENT :

M.P. Varma, J. – The plaintiff having been aggrieved by the ORDER :of the learned Subordinate judge, Bhagalpur whereby on a careful scrutiny of the plaint he has held that the reliefs claimed in the shape of declaration that the 3 Deeds of Gifts executed separately by Defendants 1, 2 & 3, in favour of defendant no. 4, are all null and void and without jurisdiction, and not binding on the plaintiff and that defendant no. 4 did not acquire any right and title in the, suit land through the said Deeds of gift, after first, declaring that the' plaintiff is the real owner of the suit land and defendant nos. 1, 2 and 3 were only ‘Benamidars’, and that they had no right to gift away the lands under the said Deeds.

2. The Stamp – Reporter of the civil court noted for demanding three declaratory court-fees separately for all the three Deeds of Gifts.

3. The plaintiff objected to the report of the Stamp Reporter before the court, and the latter, on examining the whole plaint, ORDER :ed for payment of ad valorem court – fees on the amount of Rs.900/ - as put by the plaintiff as, the market-vatue of the suit land, i.e. lands covered under said Deeds of gifts. The Court below in so dete







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