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2025 Supreme(Online)(Pat) 3440

PATNA HIGH COURT
HONOURABLE MR. KHATIM REZA, J
Sri Baban Kumar Singh – Appellant
Versus
Jitendra Bhagat – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Yogendra Kumar Singh, Advocate
For the Respondent/s:Mr. Bindhyachal Rai, Advocate

ORDER

7 22-12-2025

Heard learned counsel for the appellants.

2. The present Second Appeal has been preferred against the judgment and decree dated 21.02.2015 passed by the learned Vth Additional District Judge, Aurangabad in Title Appeal No. 40 of 2006/43 of 2014 whereby the judgment and decree dated 12.05.2006 passed by learned Munsif, Aurangabad in Title Suit No. 121 of 1995 has been reversed and the suit has been dismissed with cost on contest.

3. The defendants are the appellants in the instant Second Appeal.

4. The plaintiffs-respondents filed Title Suit No. 121 of 1995 to declare the sale deed dated 15.09.1979 as illegal, fraudulent, ab initio void, inoperative and obtained by impersonation as well as other reliefs.

5. In order to appreciate the case in its proper perspective, it is necessary to briefly restate the case of the plaintiffs. The plaintiffs case is that Dalchand Bhagat and Lalchand Bhagat, both sons of Bhawanath Bhagat including Manki Bhagat died long ago while they were living separately and had no concern with each other properties. Lalchand Bhagat died issueless leaving behind his widow namely, Sugiya Kuer, who inherited the property of her husband and she came in p

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