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2022 Supreme(Jhk) 1401

ANIL KUMAR CHOUDHARY
Most Rehan Khatoon, wife of Haider Ali and daughter of Late Saukat Ali – Appellant
Versus
Reyajuddin, S/o Late Alimuddin Mian – Respondent


Advocates Appeared:
For the Appellants : Mr. Ayush Aditya, Mr. Akash Deep.

JUDGMENT :

Heard the learned counsel for the appellants.

2. No one turns up on behalf of the respondents in spite of repeated calls, though notice has validly been served upon them. Hence, this appeal is heard and disposed of ex-parte.

3. This Second Appeal under Section 100 of the Code of Civil Procedure has been directed against the judgment and decree of reversal dated 02.02.1998 passed by learned 5th Additional District Judge, Giridih, in Title Appeal No.26 of 1996 by which the learned first appellate court reversed the judgment and decree of dismissal of the suit of the plaintiff filed with a prayer for:-

    (a) declaration that sale-deed No.2998 dated 14.03.1990 executed by defendant Nos.1 to 3 in favour of the defendant No.4 and 5 as null and void and not binding upon the plaintiff;

(b) plaintiff’s right over the lands of plot No.1515 measuring area 1 decimal and the house constructed over there be declared and the plaintiff’s possession over the same be confirmed and

(c) other relief;

and held that the plaintiffs are entitled for vacant possession of the suit land and the sale-deed dated 14.03.1990 executed by the defendant Nos.1 to 3 in favour of the defendant Nos.4 and 5 with respe

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