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2006 Supreme(All) 566

JANARDAN SAHAI
BHAGWAN DEVI – Appellant
Versus
BENI BAI – Respondent


Advocates Appeared:
A.N.BHARGAWA, B.N.AGRAWAL


( 1 ) THE plaintiff Smt. Beni Bai is a widow. Ram Charan Lal her husband was the owner of two houses numbered 135 and 136 in Mohalla Nai Basti, Jhansi. House No. 135 was purchased by her husband in the year 1953 in a court auction for a sum of rs. 1150 and house No. 136 was purchased by him in the year 1958 for a sum of Rs. 250/ -. Defendant no. 4 Sri Ram Rastogi is a moneylender. Ram Charan Lal borrowed some money from Sri Ram Rastogi, which he could not repay. In the year 1966, Ram charan Lal executed a sale deed of the two houses in favour of Sri Ram Rastogi for a consideration of Rs. 500/ -. Ram Charan Lal died in 1980. After his death both the houses were sold by Sri Ram Rastogi to defendant no. 1 Smt. Bhagwan Devi for a sum of rs. 8,000/ -. The defendant no. 2 Narain Das verma, husband of Bhagwan Devi, was a tenant of house no. 135 and defendant no. 3 bhaiya Lal was a tenant of house no. 136. Their tenancy was continuing since the days of Ram Charan Lal. After the sale deed in favour of Smt. Bhagwan Devi. The plaintiff smt. Beni Bai, widow of Ram Charan Lal filed a suit for declaration that Ram Charan lal was the owner of the two houses and that the sale deed executed in the























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