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2014 Supreme(Pat) 808

MUNGESHWAR SAHOO
Jagdeo Singh – Appellant
Versus
Sheela Devi – Respondent


Advocates:
For the Appellants : M/s Abbash Haider, Jitendra Kishore Verma, Kamlesh Kumar, Ranjaay Kr. Singh, Anjani Kumar.
For the Resp. No.1 : M/s Veena Rani Prasad, Vishal Saurabh.
For the Resp. No.3 to 6 : M/s J.S. Arora, Shiv Pujan Singh.

MUNGESHWAR SAHOO, J.:–The contesting defendants have filed this First Appeal against the Judgment and Decree dt.01.09.1987 passed by the learned Subordinate Judge IInd Court, Patna in title Suit No.35 of 1984 whereby the plaintiff’s suit has been decreed.

2. The plaintiff respondent’s Sheela Devi filed the aforesaid Title Suit No.35 of 1984 for declaration that the sale deed dt.29.07.1983 purporting to have been executed by Jangali Devi @ Rukmani Devi in favour of the defendants’ appellants is forged, fabricated, bogus, fraudulent, illegal, null and void and inoperative and without consideration. The principle-defendants have not acquired any title and possession over the suit land. The plaintiff in the alternative prayed for recovery of possession with mean profit.

3. The plaintiff’s claims the aforesaid relief giving interalia the facts which are summarized hereinbelow without giving the great details. According to the plaintiff Jangali Devi @ Dhaneshwari Devi was wife of Baldeo Sao. They have a son Sheonarain Sao who is defendant No.4. Plaintiff Sheela Devi is the daughter of Sheonarain Sao. Balkishun Sao and his brother Baldeo Sao were members of joint family. On the death of Bal























































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