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2022 Supreme(Chh) 470

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Chameli Kaushik W/o Shri G. P. Koushik – Appellant
Versus
Koushilya Bai Patel Wd/o Late Ramji Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.P. Gupta, Advocate
For the Respondent: Mr. Dharmesh Shrivastava, Mr. Ashutosh Mishra, Panel Lawyer

JUDGMENT :

Goutam Bhaduri, J.

1. Challenge in this appeal is to the judgment and decree dated 5-10-2016 passed by the Sixth Additional District Judge, Bilaspur in civil suit No.227-A/2015 whereby the suit was dismissed. The present appeal is by the plaintiffs.

2. The suit was filed by four sisters namely; Smt. Chameli Koushik, Smt. Shanti Devi Bhardwaj, Smt. Usha Bai Narmada & Smt. Sandhya Koushil against one Smt. Koushilya Bai Patel, defendant No.1, who had purchased the property from the defendant No.2 Om Prakash Goutam, brother of the plaintiffs.

3. Case of the plaintiffs was that they are the joint owners of land bearing khasra No.184 admeasuring 5.90 acres situated at village Nirtu, PH No.33, RI Circle Sipat, Tahsil Masturi, District Bilaspur. According to the plaintiffs, the said land was purchased by the defendant No.1 on the basis of forged power of attorney dated 9-2-2015 alleged to have been executed by four sisters (plaintiffs) in favour of brother (defendant No.2). The suit was filed to declare the said sale deed as nullity and possession was also claimed for from the defendant No.1. The plaintiffs further stated that they are in possession of the land and were doing the ag

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