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2005 Supreme(SC) 617

RUMA PAL, C.K.THAKKER
Sona Bala Bora – Appellant
Versus
Jytirindra Bhatacharjee – Respondent


Judgment

Ruma Pal, J.—Leave granted.

2. The first appellant is the widow of Bhogirath Bora. The appellants 2-4 are their children. They reside in a bungalow which is situated in an area of .176 acres of land at Shillong. There are two other bungalows on the same plot which are tenanted. The respondent claims to have purchased the three bungalows and the land from Bhogirath in 1977 for a consideration of Rs. 69,000/-.

3. In 1978, the respondent filed a title suit against, inter alia the appellants and Bhogirath, (who was named as a proforma defendant) claiming a declaration that he was the absolute and exclusive owner of the land and buildings, for a decree for vacant possession by evicting the appellants and the tenants therefrom, for mesne profits, interest thereon and costs.

4. The appellants also filed a suit against the respondent and Bhogirath claiming a declaration that Bhogirath did not have the absolute right to transfer the property to the respondent, that the sale made to the respondent was void and should be set aside, for a declaration that Bhogirath was bound by the terms of a compromise petition dated 10th June, 1977 filed in Ct. case No. 3/1977 and that the appellants h





































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