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2017 Supreme(MP) 10

SANJAY YADAV
Rajkumar Singh – Appellant
Versus
Pushpendra Singh – Respondent


Advocates:
Sachin Yadav for appellants; G. S. Baghel for respondent No.1 to 3.

ORDER

1. Present appeal under section 96 of the Code of Civil Procedure, 1908 at the instance of defendants No.1 to 4, is directed against the judgment and decree dated 27.11.1998 passed by Third Additional District Judge, Satna in Civil Suit No.15-A/1992.

2. Parties are referred to as they were before the trial Court.

3. The action was instituted by the plaintiffs seeking declaration that the sale deed executed by defendant No.5 in favour of defendants No.1 to 4 on 31.7.1991 in respect of agricultural land bearing Khasra No.388 and 390 admeasuring 6 Bigh 6 Biswa situated at Mouja Babupur Tahsil Nagod District Satna, be declared null and void and the plaintiffs be declared 1/3rd owner each of the suit property and for possession and permanent injunction and the mesne profits. Contending inter alia that land bearing Araji No.142, 237, 240, 373, 374, 388, 390, 406 and 407, total area 20 Bighas 11 Biswa i.e. 4.295 hectares situated at Village Babupur being an ancestral property with the name of Bhuvneshwar Singh recorded in the revenue record, after whose death, the defendant No.5 was recorded as Bhumiswami being Karta Khandan. That, the defendant No.5 was hard of hearing since his bir







































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