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1994 Supreme(All) 338

A.K.BANERJI
LALITA DEVI – Appellant
Versus
KAMLA DEVI – Respondent


Advocates Appeared:
RAVI KANT CHADHA, V.B.Khare, Y.K.GUPTA

ASHIM KUMAR BANERJEE, J.

( 1 ) THIS revision by the judgment-debtor is directed against the judgment and order dated 22-7-1993 passed by the Ist Additional Civil Judge, Gorakhpur in Misc. Case No. 34 of 1992 arising out of Execution Case No. 9 of 1990 of the original suit No. 207 of 1970.

( 2 ) BRIEF facts of the case are that the land in dispute belonged to one Baij Nath Prasad who died leaving four sons. One of them namely Vishwanath Prasad as Karta of the joint family and as guardian of minor son of his deceased brother Sheo Nath Prasad executed a lease deed dated 10/05/1950 in favour of one Moti Lal Tibrewal. The lease was initially for a period of 25 years with an option for renewal for a further period of ten years. Whereafter the land was to revert back to the lessors in a vacant state. Arun Prakash, Udai Prakash, Jyoti Prakash who are the sons of another son namely Gopal Das and Smt. Kamla Devi widow of the deceased son Sheo Nath Prasad, filed a suit No. 207 of 1970 in the court of the civil Judge, Gorakhpur against Vishwanath Prasad and his brothers arrayed as defendants No. 1 to 4 and the lessees of the property who were arrayed as defendants No. 5 to 11. The suit was for

















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