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2009 Supreme(All) 2648

TARUN AGARWALA
NIRMALA VERMA – Appellant
Versus
NIRMAL BANERJI – Respondent


Advocates:
Counsel :
Rajeshwari Prasad, A.D. Saunders and A.K. Srivastava for the Appellant; C.K. Parikh, Shailendra Kumar Singh, Vishnu Kumar Singh and A.K. Rai for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—This is the plaintiff’s Second Appeal having lost from the trial Court as well as from the 1st Appellate Court.

2. The brief facts giving rise to this appeal is, that there was a land measuring 6.92 acres which had buildings, a garden house and several structures located in premises No. D/57-58, Sigra, Varanasi which was originally owned by Late Bireshwar Banerji, Sri Durga Prasad Banerji and Smt. Manisha Devi Banerji and the deity Madhusudan Ashtashivaji represented by their shebaits Sri Bireshwar Banerji and Durga Prasad Banerji. The owners of the premises executed a registered lease-deed 21.2.1963 for one bigha of land for a period of 99 years to Sri Mahabir Prasad, the father of the plaintiff, for the purpose of building a residential house, after accepting a premium of Rs. 2,000/- and a yearly rent of Rs. 100/-. It was contended that the lessee was put in possession but before the building could be constructed, Sri Mahabir Prasad died in the year 1965 and, the plaintiff, being the daughter of Mababir Prasad, became the sole successor and owner of the lease hold property. It was contended that the plaintiff resided at Allahabad with her husban












































































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