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2002 Supreme(Jhk) 1019

M.Y.EQBAL, HARI SHANKAR PRASAD
Rajasthan Bhawan Trust – Appellant
Versus
Most. Pradlya Devi – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. This appeal by the defendant appellant under Clause 10 of the Letters Patent directed against the judgment dated 13.10.1999 passed by the learned Single Judge whereby the appeal filed by the appellant against the judgment and decree passed in Title Suit No. 36/74 has been dismissed.

2. The plaintiffs-respondents 1 and 2 filed the aforementioned Title Suit No. 36/74 for a declaration that the sale deed dated 19.4.1981 with respect to 24 and 3/4 decimals of land out of plot No. 21/68 and 21/1769 situated at village Chandwa, P.S. Chandwa, district-Palamau executed by defendant No. 1 in favour of defendant No. 2 is illegal, void, inoperative and without jurisdiction.

3. The plaintiffs case, is brief, is that one Balmukund Nath Shahdeo, father of the plaintiffs and defendant No. 1 acquired the aforementioned plot by means of three registered sale deeds and after purchase, the father of the plaintiffs demolished the kacha house and constructed pucca building thereon. The said property was allotted by Balmukund Nath Shahdeo to his three sons, namely, the plaintiffs and defendant No. 1 who came in possession of the same having 1/3rd shares each in the said property.























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