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1991 Supreme(SC) 628

M.H.KANIA, N.M.KASLIWAL
Kantilal: Town Improvement Trust – Appellant
Versus
Shantilal: Kantilal – Respondent


Advocates:
AVADH BIHARI ROHTAGI, B.K.SATIJA, K.K.Mohan, S.K.Gambhir, S.S.Khanduja, Surinder Karnail, U.R.Lalit, VIVEK GAMBHIR, Y.P.DHINGRA

JUDGMENT

KASLIWAL, J.:- In all the above appeals the parties are the same and the controversies raised are intimately connected and dependent on each other, hence all the cases are disposed of by one single order.

2. Land measuring 19 bighas was granted by the ruler of the erstwhile State of Ratlam in favour of ancestors of respondents Shantilal and Poonam Chand Pitaliyas (hereinafter referred to as Pitaliyas) for installation of a Ginning factory. Ancestors of Kantilal Jhalani and other appellants (hereinafter referred to as Jhalanis) entered into partnership with Pitaliyas and the partnership started a Ginning factory on a portion of the above 19 bighas of land. The names of Jhalanis and Pitaliyas were recorded in the revenue records in respect of the entire land. The above 19 bighas of land had some different survey numbers but subsequently at the time of settlement in Ratlam in the year 1956-57, the numbers were changed to survey numbers 120 and 121. Survey No.120 comprised of 2 biswas and survey No.121 of 18 bighas and 18 biswas. According to the Jhalanis in execution of a decree against Pitaliyas the above land was sold and Jhalanis purchased the said land in an auction. Therea













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