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2011 Supreme(Pat) 1989

V. NATH
Raj Kumar Sant Balabhacharya – Appellant
Versus
Sawo Devi (since deceased), Laloo Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s Devendra Kumar Sinha, Sudish Kumar.
For the Respondents: M/s Vishnudeo Narayan, Satya Ranjan Sinha & Mrs. Seema Kumari.

Order

Heard the learned counsel appearing on behalf of the appellant and the learned counsel appearing on behalf of the respondents.

2. This appeal is directed against the judgment and decree dated 18-8-2000 passed in Title Appeal No. 111 of 1989 by 1st Additional District Judge, Nalanda, reversing the judgment and decree dated 10-8-1989 passed by Munsif, Biharsharif, Nalanda, being Eviction Suit No. 21 of 1988.

3. There is no dispute that the suit property originally belonged to Jamuna Sao, who had sold the same by registered sale deed dated 31-3-1072 to Janki Devi. However, the original plaintiff claimed title over the suit property on the basis of her purchase from the heirs of Janki Devi after her death by registered sale deed dated 30th March, 1988. This claim of the original plaintiff had been resisted by the original defendant Ram Patiya Devi on the ground that she was the real owner of the suit property, as she had purchased the suit property in the Benami name of Janki Devi. The defendant had also claimed to have perfected her title by remaining in adverse possession over the suit property for the statutory period. Initially, the suit was filed as eviction suit claiming evi













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