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1984 Supreme(MP) 849

GULAB C.GUPTA
LINMAT JAGANNATH SAHU – Appellant
Versus
PURUSHOTTAM NARAYAN SAHU – Respondent


Advocates Appeared:
M.M.Agarwal, RAVISH AGRAWAL,

JUDGMENT :

( 1. ) THE applicants-plaintiffs feeling aggrieved by the order dated 22nd February, 1983 passed by the IV Additional District Judge, raipur in Civil Suit No. 5-A of 81 requiring them to pay deficit court-fees have approached this Court by filing the present revision under section 115 of the Code of Civil Procedure.

( 2. ) THE plaintiffs filed the suit for declaration and title of the disputed property and paid court-fees of Rs. 30 for the relief of declaration and the requisite court-fees for relief of possession. Their case, as contained in the plaint was that the land originally belonged to one Jagannath who died on 22-5-1981. Being widow and daughter of the deceased Jagannath applicants-plaintiffs claim to succeed to the aforesaid land. They alleged that jagannath was ailing since last several years and was otherwise old, infirm and illiterate person. It is alleged that the non-applicants mother acting on behalf of the applicants got a sale-deed executed regarding the suit land and house from deceased Jagannath for a sum of Rs. 32,000 after making a fraudulent representation that such a course of action was required to properly manage the property. It was further alleg









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