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2016 Supreme(Pat) 279

MUNGESHWAR SAHOO
Raj Kishore Chowdhary – Appellant
Versus
Gulabji Devi – Respondent


Advocates:
For the Appellants : M/s Prabhunath Roy, Uday Shankar Sharan Singh.
For the Respondents: None.

MUNGESHWAR SAHOO, J.:–The defendants have filed this First Appeal against the judgment and decree dated 22.01.1985 passed by the learned 3rd Additional Subordinate Judge, Muzaffarpur in Title Suit No.62 of 1981 whereby the court below decreed the suit filed by the plaintiffs-respondents under section 77 of the Indian Registration Act.

2. The plaintiffs-respondents filed the aforesaid Title Suit No.62 of 1981 under section 77 of the Indian Registration Act praying for a relief for directing the sale deed alleged to have been executed by Late Tepu Mishra on 10.11.1978 be registered.

3. The plaintiffs claimed the aforesaid relief alleging that the suit property measuring 4 acres 4 decimals belonged to Tepu Mishra. Tepu Mishra died unmarried. His only sister Shyam Sundari was residing at her husband’s house and sometimes she used to come to her brother Tepu Mishra and used to look after him. Tepu Mishra had obtained some loan for treatment, therefore, he negotiated with the plaintiffs to sell the suit property. Rs.4,000/- as earnest money was paid to him and a mahadanama was executed on 28.07.1978. Tepu Mishra promised to execute the sale deed within six months and put the plaintiffs in




































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