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2017 Supreme(Pat) 1592

MUNGESHWAR SAHOO
Suresh Kumar – Appellant
Versus
Jhotil Singh – Respondent


Advocates Appeared:
M/s Binod Kumar Singh, Raghav Prasad, For the Appellants; Mr. Udai Shanker Saran Singh, For the Respondent.

Mungeshwar Sahoo, J. – The defendants have filed this First Appeals against the Judgment and Decree dated 12.09.1986 passed by the learned Subordinate Judge, Siwan in Title Suit No.232 of 1984 whereby the plaintiff respondent’s suit had been decreed.

2. The plaintiff respondent filed the aforesaid suit praying for declaration that four sale deeds executed by plaintiff No.1, Bhusi Singh dated 23.09.1983 are forged and fabricated and without consideration. The sale deeds were never acted upon and the sale deeds are not binding on the plaintiff. The plaintiff also prayed for confirmation of possession of plaintiff No.2.

3. The plaintiff claimed the aforesaid relief alleging that the suit land belonged to Bhusi Singh, plaintiff No.1 who was a religious minded man. For the purpose of constructing temple, he required money and in November, 1982, he agreed to sell the suit land to plaintiff No.2, Jhotil Singh for a consideration of Rs.4500/-. Stamp paper was purchased on 20.11.1982. The plaintiff No.2 paid Rs.3000/- but due to long illness of Bhusi Singh, the deed could not be executed. However, on 03.08.1984, Bhusi Singh executed the sale deed and he got it registered on 30.09.1983. The b

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