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1991 Supreme(MP) 119

S.K.DUBEY
Jai Narayan – Appellant
Versus
Satya Narayan – Respondent


Advocates:
K.B. Chaturvedi and K.S. Tomar for applicant; Lokendra Gupta and R.D. Jain for non-applicants.

ORDER

S.K. Dubey, J. -- 1. This is a revision by the plaintiff/petitioner against an order dated 25th October, 1990 passed in Civil Suit No. 27-A/1983 by Second Additional Judge to the Court of District Judge, Gwalior, whereby defendants No.1 to 4 were granted permission to produce handwriting expert in relation to two disputed documents (Ext.P.2), a partition deed between plaintiff and defendant No.1 and his father, and Ext.D.5, a map prepared by the plaintiff which was a part of an agreement to sell in relation to the suit house.

2. For deciding this revision, certain fads are material. The plaintiff instituted a suit for declaration of title and for permanent injunction against defendants No.1 to 4, who executed a sale-deed on 19.11.1985 in favour of defendant No.5 in relation to the suit house, averring therein that a partition took place between the father of the plaintiff and the father or defendant No.1 as long hack as in the year 1949, and since then the parties are in possession of the properties as the sole owners; defendants; No.1 to 4 had no right or title in the suit house; the transfer made during the pendency of the suit is void and ineffective to the rights of the p







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