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2011 Supreme(Pat) 2403

V.NATH
Sukdeoji – Appellant
Versus
Purushottam Sharma – Respondent


Advocates appeared:
For the Appellant : M/s Jogendra Mishra, Ramesh Kumar Choudhary.
For the Respondents: M/s Suresh Prasad Sinha, Ratan Kumar Sinha.

Oral Judgment (Per: Hon'ble Mr. Justice Vijayendra Nath)

Heard the learned counsel appearing on behalf of the appellants as well as the respondents.

This second appeal has been filed against the judgment and decree dated 9.7.1993 passed by 6th Additional District Judge, Chapra, in Eviction Appeal No. 6/2 of 1992 affirming the judgment and decree dated 24.7.1992 passed by Additional Munsif-II, Chapra, in Eviction Case NO.2 of 1988/16 of 1989.

2. The matrix of facts appearing from the pleadings of the parties is that the father of the plaintiff owned a double-storied house standing over an area of 2 kathas 1 dhur in Mohallah-Sahebganj, Chapra town, mentioned in the Schedule of the plaint. By gift deed dated 24.7.1974 he (father) gifted southern half of the house to the plaintiff and by gift deed of the same date he gifted northern half of the house to the brother of the plaintiff, namely, Baldeoji and delivered possession to the donees. The gifted portion of the house to the plaintiff has been described in Schedule-II of the plaint. The plaintiff and his brother Baldeoji, accordingly, got their names mutated with regard to their gifted portions in the house and. separate Holding Nos. 2




















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