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2019 Supreme(All) 891

SIDDHARTHA VARMA
Satya Devi – Appellant
Versus
Ashok Kumar – Respondent


Advocates Appeared:
Sah O.P. Agarwal, Adv., Vinod Kr. Rai, Adv., Rohit Agarwal, Adv., Sankatha Rai, Adv., Vijai Kr. Rai, Adv., R.K. Srivastava, Adv., A.D. Saunders, Adv., Jagdish Pd. Tripathi, Adv.

JUDGMENT :

Siddhartha Varma, J.

The plaintiff-appellant filed a suit being Original Suit No.575 of 1994 with a relief for permanent injunction restraining the defendants therein from interfering with the suit property and also for a declaration that the will dated 21.6.1987 be declared a null and void document.

2. The plaintiff had claimed that she was bhumidhar with transferable rights of plot no.81 area 3 decimal, plot no.39 area 11 1/2 decimal of village Chamav, Pargana Athgavan, District Varanasi. Along with these plots, she had also claimed that she was bhumidhar with transferable rights of plot no.1 area 28 decimal, plot no.8 area 34 1/2 decimal, plot no.21 area 11 decimal, plot no.245 area 4 decimal, plot no.248 area 5 2/3 decimal of village Paschimpur, Pargana Athgavan, District Varanasi. Further, she had claimed that she was bhumidhar with transferable rights of plot no.108 area 8 1/3 decimal, plot no.111 area 9 1/3 decimal, plot no.270 area 13 1/3 decimal of village Koiran, Pargana Athgavan, District Varanasi. She had claimed being bhumidhar with transferable rights on account of the fact that her father Sankatha Prasad, who had inherited the above plots from his father Sri

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