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2014 Supreme(Jhk) 857

D.N.UPADHYAY
Durga Devi – Appellant
Versus
Bhagirathmal Agarwalla – Respondent


Advocates Appeared:
For the Appellants:Mr. Rahul Kumar Gupta, Advocate.
For the Respondents:M/s. Manjul Prasad, Shankar Lal Agarwal, Advocates.

JUDGMENT

D.N. UPADHYAY, J.

1. This appeal has been preferred against the judgment dated 10th February, 2014 passed by Principal District Judge, East Singhbhum, Jamshedpur in Title Appeal No. 16 of 2011, whereby the judgment and decree passed and signed by learned Sub-Judge I, Jamshedpur in connection with Title Suit No. 25 of 2003 has been affirmed.

2. The appellants are defendants in Title Suit No. 25 of 2003 filed by Bhagirathmal Agarwal plaintiff (Respondent No. 1 herein).

3. The plaintiff brought a suit, being Title Suit No. 25 of 2003, for recovery of possession of the suit premises described in the schedule of the plaint, evicting the defendants therefrom.

4. The case of the plaintiff, in brief, is that the suit premises (part of building) standing over R.S. Plot No. 3351, Mouza Mango, was exclusive property of Bhevraj Agrawal father of the plaintiff, who had executed a registered will on 15th December, 1952, coupled with a registered codicil dated 10th September, 1956, whereby Bhevraj Agrawal bequeathed the properties, including the building standing over Plot No. 3351 in favour of the plaintiff. It is contended that Bhevraj Agrawal and his wife Kasturi Devi had no issue. Th




















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