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KISHORE KUMAR MANDAL
Deep Narain Prasad – Appellant
Versus
Urmila Devi – Respondent
Kishore Kumar Mandal, J. – The writ application raises a legal question having broad ramifications on the working of the Lok Adalats in the State of Bihar constituted under Legal Services Authority Act, 1987.
2. The petitioners are four sons of Bindeshwari Rai whereas respondent no. 2 is the 5th son of Bindeshwari Rai. Respondent no. 1 is the wife of respondent no. 2. The writ application asserts that Bindeshwari Rai was ‘Karta’ and Manager of the joint family consisting of himself and his successors (sons) till his death. During his life time, he had purchased different properties one of them being 4 Kathas of land situated at Mauja Jadhua Pokhra, Hajipur in the district of Vaishali. Such acquisition was made by Bindeshwari Rai through a registered sale deed dated 30.1.1973. After purchasing the land, ‘khapra posh’ house was constructed in which the joint family lived. Respondent no. 1 filed a pre-litigation case before the Permanent Lok Adalat, Hajipur vide Pre-litigation Case No. 97 of 2006 for passing a decree that the purchaser of sale deed dated 30.1.1973 i.e. Bindeshwari Rai was only benamidar of the applicant and the title of the applicant thereon be declared and she be decl
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