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1999 Supreme(All) 664

A.K.YOG
RAM GOPAL – Appellant
Versus
VI ADDL. DISTRICT JUDGE, FATEHPUR – Respondent


Advocates Appeared:
A.K.SANGAL, B.N.L.Katiyar, H.NABAKUMAR SINGH, S.K.SINGH, S.N.SRIVASTAVA, V.K.SINGH

A. K. YOG, J.


( 1 ) HEARD learned Counsel for the parties.

( 2 ) ORIGINAL Suit No. 456 of 1980 was filed by one Drikpal Singh (Plaintiff-Respondent No. 2) against Smt. Lalti, Ram Jiawan-defendant Nos. 1 and 2 (respondents Nos. 3 and 4 in the present petition) and Ram Gopal, Madan Gopal, Ashok Kumar, defendant Nos. 3, 4 and 5 (present petitioners) in the Court of Munsif, Fatehpur seeking decree for cancellation of sale deed dated 16-10-80, damages for demolishing plaintiffs house decree for possession against defendants along with cost of the suit and other ancillary reliefs. In the plaint (Annexure 7 to the petition) plaintiff asserted that he had become owner of the property under compromise decree filed in another suit No. 353 of 1978 (para 12 of the plaint ). Defendant No. 1, who was originally allowed to occupy property in question as licensee, became dishonest and with intention to inflict harm to the plaintiff maliciously executed fictitious sale deed dated 16-10-1980 in favour of the defendant No. 2, who had full knowledge of the aforementioned comprise decree in original suit No. 353 of 1978 and title of the plaintiff. It is contended that disputed sale deed was executed in

















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