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2015 Supreme(All) 278

SUDHIR AGARWAL
RAJ KISHORE – Appellant
Versus
HIRA – Respondent


Advocates:
Counsel :
S.A. Ansari, K.K. Rai, S.K. Yadav and S.U. Ansari for the Appellants; Rahul Sripat, A.K. Srivastava, Ajai Kumar Srivastava, Kunal Ravi Singh, Rahul Srivastava and V.K.S. Chaudhary for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This appeal under Section 100 C.P.C. has been brought against the judgment and decree dated 26.10.1988 passed by Sri Kashi Nath Pandey, VIIIth Additional District Judge, Azamgarh in Civil Appeal No. 204 of 1983, whereby having allowed the appeal, it has set aside the judgment and decree dated 28.4.1983 passed by the Munsif City, Azamgarh. As a result of allowing appeal the Lower Appellate Court has dismissed the suit also. It is thus a plaintiffs’ second appeal.

2. The plaint case set up by plaintiffs, Raj Kishore, Kedar and Kamla, sons of Sri Ramnath is that the disputed holding, i.e., Araji No. 48, area 175 Kadi, shown in the plaint map as A, B, C, D was earlier Sirdari of Sri Ram Dev and now has become Bhumidhari. Ramdev had two sons, Markandey and Ramnath. Ramnath died earlier and the plaintiffs are sons of Ramnath. After the death of Ramdev, Markandey, son of Ramdev, and the appellants, who are grandsons of Ramdev, succedded property in dispute. Since Markandey was Karta of family and appellants were minor, the property was recorded in re










































































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