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2025 Supreme(Pat) 561

KHATIM REZA
Raja Ram Singh @ Raja Ram Sharma – Appellant
Versus
Poonam Kumari – Respondent


Advocates Appeared:
For the Appellants : M/s Jitendra Kishore Verma, Shreyansh Goyal, Neelam Kumari.
For the Respondents: M/s S.N.P. Singh, Sr. Adv., Gaurav Kumar, Pramod Kumar Singh.

Khatim Reza, J. – Heard Mr. Jitendra Kishore Verma, learned counsel for the appellants and Mr. S.N.P. Singh, learned senior counsel for the respondents.

2. This Second Appeal has been filed against the judgment and decree dated 29.04.2013 passed by the learned Additional District Judge- II, Danapur, Patna in Title Appeal No. 17 of 2009 whereby the learned lower Appellate Court reversed the judgement and decree dated 20.01.2009 passed by the learned Munsif, Danapur, Patna in Title Partition Suit No. 143 of 1989.

3. The plaintiff-appellant filed Partition Suit No. 143 of 1989 for challenging the gift deed dated 24/25-09-1986 executed by her father in favour of his two nephews (brother’s sons) alleging it to be fraudulent, fabricated, void ab initio and not binding upon her. Accordingly, she prayed for a declaration to that effect and sought partition of her half share in Schedule II property.

4. The case of the plaintiff is that one Basudev Singh was the common ancestor of the parties having three sons namely, Shiv Nandan Singh, Shyam Nandan Singh and Ram Lakhan Singh. Shiv Nandan Singh had two sons namely, Ram Naresh Prasad Singh (father of the plaintiff and donor of the gift deed) and

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