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2004 Supreme(All) 1128

ANJANI KUMAR
BHABHUTI SINGH (DECEASED BY LR) – Appellant
Versus
BHAGAUTI PRASAD (DECEASED BY LRS) – Respondent


Advocates Appeared:
H.R.Mishra, R.C.Singh, V.K.Goel

ANJANI KUMAR, J.

( 1 ) THIS is a defendants appeal. The plaintiff Bhabhutl Singh, filed a suit for cancellation of sale deed dated 14th February, 1977 with the allegation that the plaintiff and defendant No. 2. Ram Singh are real brothers and when their father became fairly old he by a family settlement dated 13th March, 1958, partitioned the entire agricultural land between his two sons, the plaintiff and defendant No. 2 and according to 1958 family settlement plot No. 657 area 87 decimal, plot No. 464 area 0. 1 decimal and plot No. 466 area 04 decimal came to the share of both the brothers jointly along with plot No. 92. After the family partition of 1958 was acted upon, both the brothers are in possession on their respective plots. It is admitted case of the parties that thereafter the consolidation operation started and the plots in dispute were jointly recorded in the name of their father as at that time their father was alive. During the consolidation operation nobody, neither the plaintiff nor defendant, raised any objection that there had been family settlement and that the plots should be exclusively recorded in their names. The entries in the revenue records continued to








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