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2000 Supreme(MP) 529

DIPAK MISRA
URMILA PATEL – Appellant
Versus
LAXMIBAI – Respondent


Advocates Appeared:
T.S.Ruprah

DIPAK MISRA, J.

( 1 ) INVOKING the civil revisional jurisdiction of this Court under Section 115 of the code Civil Procedure (hereinafter referred to a 'the Code') the petitioners have called in question the propriety of the order dated 23-6-1994 passed in Civil Appeal no. 4a/89 by the learned Additional District judge, Narsinghpur.

( 2 ) THE facts as have been unfolded are that the respondent No. 1, Laxmibai purchased a plot in the year 1942 at Village Kandeli in the name of her minor son Jagdish Sharan by a registered sale-deed. At the time of execution of this sale-deed Jagdish Sharan was only 13 years age. In 1947 Smt. Laxmibai constructed rooms over the said plot. In the year 1950 Jagdis Sharan became major and was married to Smt. Siyarani. Jagdish Sharan expired in the year 1950 itself. Smt. Siyarani deserted the house of her inlaws and on 16-8-1956 Smt. Laxmibai sold the house in question to the respondent nos. 3 to 5 and delivered them the possession of the same. In the year 1976 Smt. Siyarani appeared and in collusion with Smt. Laxmibai filed a suit for declaration that the sale-deed executed on 16-8-1956 was without consideration and was obtained by playing a fraud upon h







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