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2007 Supreme(SC) 164

C.K.THAKKER, LOKESHWAR SINGH PANTA
Kamla Prasad – Appellant
Versus
Krishna Kant Pathak – Respondent


JUDGMENT

C.K. Thakker, J.—This appeal is filed by the appellant-original defendant Nos. 1 to 6 against an order dated August 10, 2001, passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 386 of 1990.

2. One Kishna Kant Pathak-respondent No.1 herein, filed a suit against the appellant and respondent Nos. 2 to 12 in the Court of Civil Judge, Jaunpur being Suit No. 110 of 1984. It was averred in the suit that an agreement to sell dated June 18, 1981 entered into between the plaintiff and defendant Nos. 1 to 6, sale deed dated November 7, 1981 executed in their favour and another sale deed, dated December 16, 1981 executed by the plaintiff in favour of defendant Nos. 2 & 3 were illegal, without authority of law and null and void. A prayer was, therefore, made to cancel those documents. It was stated by the plaintiff in the plaint that he and defendant Nos.10 to 12 were co-bhoomidars of the disputed land and as such defendant Nos.10 to 12 had also right in the disputed property. The names of defendant Nos.10 to 12, however, were not entered in the Revenue Record and only the name of plaintiff was recorded. But in view of shares of defendant Nos.10





















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