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2023 Supreme(Jhk) 974

PRADEEP KUMAR SRIVASTAVA
Prabhash Kumar Shah, S/o Late Radhe Shyam Shah – Appellant
Versus
Anupama Jaiswal, w/o Late Ganga Pd. Bhagat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Kundan Kumar Ambastha, Adv.
For the Respondents: Mr. A.K. Sahani, Mr. Vikesh Kumar, Mr. Ajit Kumar, Adv.

JUDGMENT :

Heard learned counsel for both the parties.

2. The Original Title Suit No.157 of 1996 was instituted by one Ganga Prasad Bhagat @ Jaiswal(since deceased) along with his three sons namely Ajay Kumar Jaiswal, Sameer Kumar Jaiswal and Abhishek Jaiswal seeking following reliefs:-

    (a) For a decree that the two sale deeds dated 16.09.1996 (registered on 17/09/96 at the office of Registrar of Assurance of Kolkata) executed by plaintiff no.1 in favour of defendant nos.1 & 2 are adjudged to be void and for an order for the same to be delivered up and cancelled, and for sending a copy of the decree to the Registrar of Assurance, Kolkata.

(b) For a decree for confirmation of possession of the plaintiff and proforma defendants or recovery of possession if necessary.

(c) For a decree for permanent injunction restraining the defendant nos.1 & 2 including their men, agents, servants etc. from entering into the lands in suit from raising any construction or further construction in or over the suit lands.

3. Brief facts of the case of the plaintiffs as pleaded in the plaint is that one Jageshwar Bhagat of Katras owned and possessed some agricultural land at Mouza Katras including plot Nos.328

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