PRABHAT KUMAR JHA
Niki Kumari – Appellant
Versus
Sheela Devi – Respondent
PRABHAT KUMAR JHA, J.
1. The petitioner filed this civil miscellaneous petition against the order dated 13.03.2018 passed by Sub Judge-XI, Patna in Title Suit No.351 of 2010 by which the petition of the petitioner filed under Order 1, Rule 10 C.P.C. has been dismissed.
2. The admitted facts are that Smt. Sheela Devi, respondent No.1 filed title suit against respondent Nos.2 to 5 for specific performance of contract. The plaintiff stated that plaintiff and defendant No.1 are full sisters. Defendant No.2 is the husband of defendant No.1 and other defendants are sons of defendant No.1 and 2. Plaintiff and defendant No.1 with the consent of other defendants jointly purchased 2 kathas of land situated in Mauja Muzaffarpur, Mainpura, Patliputra, District-Patna in the joint name of plaintiff and defendant No.1 through a registered sale deed in the year 1979 from Suresh Mahto and others and came in possession. Defendant No.1 being the joint purchaser is entitled to get 1 katha land. She fell in need of money and executed a deed of agreement to sale on 25.01.1984 on consideration of Rs. 1,00,000/- but later on, the defendant no.1 refused to execute the sale deed. Thus, the suit was
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