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2014 Supreme(All) 3073

ANIL KUMAR
Brij Raj Tripathi – Appellant
Versus
Km. Malti Devi – Respondent


Advocates Appeared:
For the Appellant :- S.K.Kalia,D.C.Mukharji,Prabhakar Tewari,Rajeiu Kr. Tripathi
For the Respondent:- N.K.Pandey,C.M.Srivastava,H.S.Sahai,M.A. Khan,Mohiuddin Khan,T.A.Khan

JUDGMENT

Anil Kumar,J.

Heard Sri D.C. Mukherji , Advocate assisted by Sri Rajeiu Tripathi, learned counsel for the appellant and Mohd. Arif Khan, learned Senior counsel assisted by Sri Mohiuddin Khan for respondent and perused the record.

2. With the consent of learned counsel for the parties, Second Appeal Nos. 805 of 1981 and 806 of 1981 are being heard and decided together.

3. The facts which are relevant for the disposal of the present appeals in brief are that in the City of Bahraich, at Mohalla Barahiyapura, there is a house which originally belongs to one Ori Lal, his pedigree is a under: -

Ori Lal (Ganga Dei (wife)

Bacchu Devi(daughter)

Krishna Devi ( Daughter)

( Parag ( Husband) ( Sampat ( Husband)

died issue-less |

Ram Dularey alias Ram Prasad

Km. Malti Devi

Km. Kanti Devi

4. On 10.06.1932, Sri Ori Lal executed a Will in respect to house in dispute in favour of Smt. Bacchau Devi and Ram Dularey @ Ram Prasad, thereafter he died. On 21.3.1956, Bacchau Devi and Ram Dularey @ Ram Prasad have executed a sale-deed in respect to eastern portion house in dispute in favour of Kulbhushan and Kishana Pyari . The said persons on 22.6.1965 executed a sale deed of the eastern portion in favour of






















































































































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