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2016 Supreme(All) 192

PRAMOD KUMAR SRIVASTAVA
ONKAR SINGH – Appellant
Versus
OM PRAKASH – Respondent


Advocates:
Counsel :
R.S. Maurya, J.P.S. Singh, Kunal Ravi Singh, Manjari Singh, Manjoo Singh, Pankaj Kumar Singh, Pankaj Saxena, R.B. Maurya, R.K. Singh, R.S. Mishra, Ramendra Asthana, S.S. Maurya, Rahul Jain, Yatindra Singh and V.K.S. Chaudhary for the Appellants; B.D. Mandhyan, H.M. Srivastava, Madan Mohan, Madhav Jain, Ramendra Asthana, S.K. Srivastava, S.K. Tyagi, Santosh Srivastava, Satish Srivastava, Smt. Karuna Srivastava, Vinod Kumar Agarwal, Y.D. Saxena, Y.D. Sharma, R.K. Singh, V.K. Singh and S.K. Dubey for the Respondent.

JUDGMENT

Hon’ble Pramod Kumar Srivastava, J.—Heard the arguments of learned counsel for the parties and perused the records.

2. The admitted facts between the parties are that Udai Ram had three sons namely, Jagannath, Om Prakash (plaintiff of original suit) and Ram Nath. Onkar Singh-defendant No.1 and Lokesh-defendant No. 2 are sons of Jagannath, who had died. It is admitted fact that Ram Nath had also died without any issue. After the death of their father Udai Ram, the plaintiff Om Prakash and his two brothers Jagannath and Ram Nath became his legal heirs and each became owner of 1/3rd share. It is also admitted fact that on 29.5.1981 the Ram Nath had executed a sale-deed on his whole 1/3rd share in disputed property in favour of defendant Onkar Singh and Lokesh. Admittedly the Ram Nath had died after about two years of execution of said sale-deed dated 29.5.1981. After this, on 10.3.1987, the plaintiff Om Prakash filed a suit for cancellation of sale-deed dated 29.5.1981.

3. The plaint case in original suit No.115/1988 was that Ram Nath was mentally ill and was like insane, so defendants have manipulated him and has got executed registered sale-deed dated 29.5.1981 on behalf of













































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