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2024 Supreme(Chh) 1

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Purnima Pandey W/o Shri Kamalkant Pandey – Appellant
Versus
Manoj Benet (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashok Kumar Swarnakar.
For the Respondents: Uttam Pandey, Jitendra Gupta, Praveen Shrivastava.

JUDGMENT :

GOUTAM BHADURI, J.

1. The present appeal is against the judgment and decree dated 06/08/2019 passed by the District Judge, District Mungeli, C.G. in Civil Suit No. 16-A/2017 against a decree whereby the sale deed executed in favour of the appellant was annulled at the behest of the respondents. The defendants are in appeal before this Court.

2. The case of the plaintiffs/respondents, in brief, was that late Adwin Benet, who was the father of plaintiff No. 1 Manoj Benet, plaintiff No. 3 Rajesh Benet and plaintiff No. 4 Smt. Sandhya Chhatterji and husband of plaintiff No. 2 Smt. Sheelwati Benet, owned different land at village Kurankapa, Tehsil Kurankapa and the lands were bearing Khasra Nos.85/1, 85/2 and 61 total admeasuring 2.415 hectares. Adwin Benet died on 09/08/2016, after his death the property devolved on the plaintiffs. The plaintiffs further pleaded that Adwin Benet was weak in eye sight and his wife used to stay at Dallirajhara and son at Bhilai – Durg. Late Adwin Benet since had attained the ripened age, as such in order to look after his agricultural land he agreed to sale it to Naresh Patel, the defendant No. 3 and as an earnest money, received an amount of Rs.

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