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1992 Supreme(MP) 368

S.D.JHA
MOHINUDDIN AND ANOTHER – Appellant
Versus
PRESIDENT, MUNICIPAL COMMITTEE, KHARGONE – Respondent


Advocates Appeared:
D.M.SHAH, G.M.CHAPHEKAR

S. D. JHA, J.

( 1 ) THIS second appeal by the plaintiffs who succeeded before the trial Court, but lost before the first appellate Court, was, by order dated 2-3-79, as amended by order dated 29-6-92, was admitted for final hearing on the substantial questions of law set out below :- (1) Whether the lower appellate Court committed an error in law in dismissing the suit for declaration of plaintiffs' title over the suit land on the ground that the document Ex. P/1 was not registered ? (2) Whether in the facts and circumstances of the case, the lower Court erred in law in dismissing the suit of the plaintiffs ?

( 2 ) THE plaintiffs are sons of Badruddin who died some time in the year 1924. They claim that their father Badruddin, on 28-2-20 vide sale-deed Ex. P/1 purchased from one Anver Sheikh Mohammad an open land for a consideration of Rs. 25/- as described in para 1 of the plaintiff, situated at Khargone. The sale-deed is in 'urdu' and its 'hindi' translation is Ex. O/1a. After the death of their father, they become the owners of the land in question. The plaintiffs applied to Nagar Palika Khargone for permission to construct a building on the land, but Nagar Palika declined to gran




















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