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CHAKRADHARI SHARAN SINGH
Babulal Shah – Appellant
Versus
Ram Nath Bhagat – Respondent
The second appeal under Section 100 of the Code of Civil Procedure challenges the judgment and decree dated 24.12.2009 passed by learned Additional District and Sessions Judge, IVth, Siwan in Title Appeal No. 29 of 2003, whereby he has confirmed the judgment dated 1.5.2003 passed by the learned 9th Additional Sub-Judge, Siwan in Title Suit No. 302 of 1996 by which judgment the appellant’s suit came to be dismissed.
2. The said Title Suit No. 302 of 1996 was filed by the appellant, seeking declaration that the sale deed executed on 19.9.1996 by defendant no.2 in favour of defendant no.1 was ineffective, invalid and without consideration and that it was executed by an imposter. The plaintiff further claimed for temporary and permanent injunction against the defendants. The plaintiff is the appellant herein, the defendant nos. 1 and 2 before the Court below are the respondent Nos. 1 and 2 respectively.
3. Briefly stated, as per the plaintiff’s case one Vishambhar Shah was the common ancestor of the appellant and defendant no.2 Singhasan Shah. Vishambhar Shah had two sons, Kidarat Shah and Mangaru Shah. Kidarat had one son Doma Shah, whereas Mangaru had two sons Chhakauri and Ram R
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