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2019 Supreme(SC) 1209

INDU MALHOTRA, KRISHNA MURARI
Prahlad Pradhan – Appellant
Versus
Sonu Kumhar – Respondent


JUDGMENT :

INDU MALHOTRA, J.

1. The present dispute arises out of a Civil Suit filed by the Respondents for a Declaration that the Sale Deed dated 22.10.1973 executed by one Etwari Kumharin in favour of the Appellants was void and illegal, and a further declaration of the Respondents’ title over the Suit Property.

2. Briefly stated, the present Civil Appeal arises in the following factual matrix :–

2.1 Radhanath Kumhar was the owner of agricultural land and a house in Mouza Nalita, P.S. Toklo (Singhbhum).

Radhanath Kumhar died intestate, and his property devolved upon his legal heirs and descendants. The genealogy of Radhanath Kumhar’s family is set out hereinbelow for ready reference :–

2.2 The present case pertains to Plot No. 614 admeasuring 35 decimals in Khata No. 145, Mouza Nalita, P.S. Toklo (Singhbhum) (hereinafter referred to as the “Suit Property”), which was a part of the estate of Radhanath Kumhar.

2.3 After Mangal Kumhar’s death, his widow Etwari Kumharin purported to sell the suit property for a consideration of Rs. 1,000/- to the Appellants vide a registered Sale Deed d

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