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1994 Supreme(MP) 473

S.K.DUBEY
CHIRONJILAL – Appellant
Versus
KHATOON BI – Respondent


Advocates Appeared:
ARUN MISHRA, K.B.Chaturvedi

S. K. DUBEY, J.

( 1 ) THE defendants No. 4 to 7 have preferred this second appeal against the judgment and decree dated 28-1-1980 passed by First Additional District Judge (Camp Basoda) Vidisha in Civil Appeal No. 23-A/ 1978, preferred against the judgment and decree dated 20-2-1978 passed in Civil Suit No. 502-A of 1975 by Civil Judge, Class I, Basoda.

( 2 ) MATERIAL facts leading to this appeal are these:- The plaintiff-respondent No. 1 instituted a suit on 21-10-1975 against the respondents No. 2 to 4 (defendants No. 1 to 3) and the appellants-defendants No. 4 to 7, in respect of the suit land, area 90 bighas and 10 biswas, described inpara 3 of the judgment of the First Appellate Court, for declaration and possession and for mesne profits at the rate of Rs. 1,000/- per annum on the averments, that the plaintiff is the sole owner of the suit land, the sale deed executed on 23-6-1973 by the defendant No. 1 the mother of defendants No. 2 and 3 as their guardian for half of the land in favour of the defendants No. 4 to 7 is ineffective and void. The defendant No. 1 admitted the claim of the plaintiff and also contended that the defendant, Chironjilai, goc executed the sale-deed by p

















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