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2015 Supreme(All) 1469

PRAMOD KUMAR SRIVASTAVA
NAGENDRA SINGH – Appellant
Versus
RAJENDRA KUMAR – Respondent


Advocates:
Counsel :
Yogesh Kumar Singh for the Appellants; Vinay Kumar Singh for the Respondents.

JUDGMENT

Hon’ble Pramod Kumar Srivastava, J.—Original Suit No. 458/1997, Nagendra Singh and others v. Indra Singh and others, was filed for the relief of cancellation of sale-deed. By the judgment dated 22.2.2011 of Additional Civil Judge (Senior Division), Court No. 1, Muzaffar Nagar this suit was partly decreed for the cancellation of 3/4th share of property sold by sale-deed in question. Against the said judgment of trial Court, Civil Appeal No. 21/2011, Rajendra Kumar and another v. Nagendra Singh and others was preferred, which was allowed by Additional District Judge, Court No. 2, Muzaffar Nagar on 21.9.2015. By this judgment the judgment dated 22.2.2011 of trial Court was set aside and original suit was dismissed. Aggrieved by this judgment of first appellate Court, this second appeal has been preferred by the plaintiffs of the original suit.

2. Plaint case in brief was that disputed agricultural property was ancestral property of the parties, but during consolidation proceedings the parties had entered into compromise and name of Defendant No. 1 Indra Singh was recorded on it as manager; therefore later on the name of Defendant No. 1 was entered on disputed property as Bhumi












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