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2011 Supreme(Chh) 251

PRASHANT KUMAR MISHRA
TARASINGH – Appellant
Versus
SURAT @ GUDDU – Respondent


Appeal Dismissed.
Advocates appeared:
Shri Santosh Kumar Tiwari, Advocate, for the Appellants.
Shri Sanjeev Agrawal, Panel Lawyer, for the State/ respondent No.2.

ORDER

1. This Second appeal under Section 100 of C.P.C. has been preferred by the defendant against whom both the Courts below have passed a decree of declaration and possession to the effect that plaintiff Surat @ Guddu is the adopted son of late Smt. Chhaya widow of Chhote Samaru and the said Surat is the title holder of suit land admeasuring 8.28 acres mentioned in Schedule 'A' with the plaint and the sale-deed in favour of defendants No.2 to 5 executed on 10/05/2001 is not binding on the plaintiff and the defendants are . liable to deliver possession of the suit land to the plaintiff.

2. Plaintiffs case, in short, was that late Chhote Samaru was. serving as Jhankar (village servant) of village Jhinkipali and in lieu thereof he was granted Patta of 10.84 acres of land. In an earlier suit bearing Civil Suit No. 19-A/ 91 a decree was passed in favour of Chhaya widow of Samaru. The said Samaru and Chhaya were issueless and had adopted plaintiff from his childhood, however a deed of adoption was executed and registered on 22/04/1991. After death of Samaru defendant Tarasingh• got recorded his name on the strength of a forged WILL and has sold 20 decimal of land in favour of one Daulat























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