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2020 Supreme(Chh) 409

SHARAD KUMAR GUPTA
Bhukharam – Appellant
Versus
Suraj Kumar – Respondent


Advocates Appeared:
A.N. Bhakta, Advocate, D.C. Verma, Advocate

JUDGMENT

Sharad Kumar Gupta, J. - Appellant has preferred this Appeal against the impugned judgment and decree dated 13-1-2011 passed by Additional District Judge, Sakti Distt. Janjgir Champa in Civil Suit No. 34-A/2007 whereby and whereunder he decreed the suit of respondents No. 1 and 2.

    2. This is admitted by respondents No. 1 to 5 that some lands including disputed land bearing Khasra No. 202 /4 admeasuring 1.12 acre were in the name of respondent No. 3 Heeraram at village Mukta. Respondent No. 3 had executed a registered sale deed on 20-3-2003 regarding disputed land in favour of deceased appellant Bhukharam. This is also admitted by deceased appellant Bhukharam and present appellants that respondents No. 1 and 2 had given notice to late Bhukharam which was not replied by him. This is also admitted by respondent No. 3 to 5 that father of respondent No. 1, 2, 4 and 5 is respondent No. 3 Heeraram, disputed land is ancestral property of them and respondents No. 1 and 2, they are in possession of disputed land. Taking the advantage of weak ability to understand and think due to old age of respondent No. 3 and administering liquor, deceased appellant Bhukharam got executed said regi

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