MUNGESHWAR SAHOO
Chandrakala Devi – Appellant
Versus
Gopal Jha – Respondent
1. The plaintiffs have filed this First Appeal against they judgment and decree dated 20.06.1984 passed by the learned 2nd Addl. Sub Judge, Madhubani in Title Suit No.144 of 1980 whereby the learned trial Court dismissed the plaintiff appellant’s suit.
2. The plaintiffs appellants filed the aforesaid title suit praying for declaration that the deed of gift dated 04.04.1977 executed by Bhulak Chaudhary, defendant No.4 in favour of Ramrati Devi, defendant No.1, and the two registered sale deed dated 19.09.1977 executed by Bhulak Chaudhary in favour of defendant No.2 and 3 are null and void and not binding on the plaintiff.
3. The plaintiff claimed the aforesaid relief alleging that the suit property was the subject matter of Partition Suit No.101 of 1976. The said suit was filed by these plaintiffs against their father, Baidhnath Chaudhary and grand father, Bhulak Chaudhary. According to them, Bhulak Chaudhary had gifted the properties to plaintiff No.2 and 3 and Sushil Kumar Chaudhary and he had no property left for himself. Sushil Kumar Chaudhary, the brother of plaintiff No.2 and 3 died. Baidhnath Chaudhary, the father of these plaintiff No.2 and 3 and husband of plaintiff
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