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2021 Supreme(All) 250

RAJNISH KUMAR
Pati Rakhan – Appellant
Versus
Chandrani Devi – Respondent


Advocates Appeared:
For the Appellant : Virendra Mishra
For the Respondent: Paltoo Ram Gupta

JUDGMENT :

Rajnish Kumar, J.

1. Heard, Shri Virendra Mishra, learned counsel for the appellants and Shri Paltoo Ram Gupta, learned counsel for the respondents.

2. The instant Second Appeal has been filed against the judgment and decree dated 07.12.2016 passed by the Additional District Judge, Court no.9, Sitapur in Misc. Civil Case No.08 of 2014; Pati Rakhan Versus Smt. Chandrani by means of which the application for condonation of delay in filing appeal has been rejected and the judgment and decree dated 18.07.1987 passed by the learned Additional Civil Judge, Sitapur in R.S.No.40 of 1983;Smt.Chandrani Devi Versus Raj Rani and others.

3. The brief facts of the case for adjudication of the present Second Appeal, as borne out from the pleadings, are that one Brij Mohan had only two daughters, namely, Raj Rani wife of Anirudh Prasad and Ram Lali wife of Swami Dayal @ Dhondhey. Both the daughters had half share each in the property of Brij Mohan after his death. The respondent has claimed half of the property on the basis of sale deed executed on 18.04.1978 by Raj Rani. Rajeshwari @ Raj Rani had filed a suit for cancellation of the said sale deed vide R.S.No.229 of 1978. The Suit was decr

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