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1982 Supreme(All) 23

DEOKI NANDAN
Sudarshan Prasad – Appellant
Versus
Radha Kishun Ram – Respondent


Advocates:
G. P. Bhargava, A. N. Bhargava and Sankatha Rai, for Appellant V. K. S. Chaudhari M.A., for Respondent.

JUDGEMENT:- These are two Second appeals arising from the decree dismissing the two Suits 15 of 1967 and 99 of 1970 of the court of the Civil Judge, Ballia. The plaintiffs in the two suits are different from each other, but they belong to the same family. The relief claimed in both the suits was the same, namely, the cancellation and setting aside of a sale-deed dated 1st September, 1943. The two suits were heard and dismissed by the same Judge, but by separate judgments dated 25th Jan. 1972 in Suit 15 of 1967 and dated 29th Jan. 1972 in Suit 99 of 1970. The first appeals from the two decrees of dismissal of the two suits were Civil Appeals 7 and 8 of 1972 in the District Court. They were consolidated, heard and dismissed by a common Judgment of the court of the District Judge, Ballia.

2. It would be convenient to have before us the family tree of the plaintiffs and the pro forma defendant-respondents in both the suits.

3. The plaintiffs in the first suit were seriatim (1) Sudarashan Prasad son of Nand Lal Ram (2) Ram Mohan son of Ram Subhag Ram (3) Rama Shanker Prasad (4) Bharat Prasad and (5) Shanker Dayal sons of Dhodha prasad, and (6) Sheo Shanker Prasad son of Harihar.

4. The fir































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