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1999 Supreme(All) 1670

BHANWAR SINGH
MADHO RAM – Appellant
Versus
MAHABALI – Respondent


Advocates Appeared:
A.S.CHAUDHARY, Jagdish Prasad Maurya,

BHANWAR SINGH, J.

This appeal arises out of a judgment and decree dated 24-7-1979, passed by the then District Judge, Kheri. By virtue of the said judgment and decree, the learned District Judge al lowed the Civil Appeal No. 32 of 1979 filed by Mahabali, the plaintiff of an original suit No. 88of 1977 filed by him for cancellation of sale-deed executed by Smt. Jagdei.

2. The brief facts giving rise to this appeal may be recapitulated as below:

Mahabali, since deceased, filed original suit No. 88 of 1977 for cancella tion of the registered sale-deed dated 17-1-1977 executed by Smt. Jagdei in favour of the defendant-appellant, Madho Ram. The said sale-deed was registered on 18-1-1977 and the plaintiff also pleaded for setting aside of the said registration. A short pedigree brought for by the plaintiff would reveal that one Neelkanth had two sons, namely, Raghubir and Jagan. Jagan had a son, Mohan who died leaving behind him Sml. Jagdei as his widow (the ex ecutant of the sale-deed in question ). Raghubir had two sons, namely, Gajodhar and Mahabali (plaintiff ). After the death of her husband, Sml. Jagdei became bhumidhar of two plots and Sirdar of one plot situated in village Banstal




















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