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2012 Supreme(Bom) 1634

M.N.GILANI
Zalaksingh – Appellant
Versus
Pramodkumar – Respondent


Advocates appeared:
For the Appellants:R.K. Borkar, Advocate.
For the Respondent:V.R. Mundra, Advocate.

Judgment :

1. This second appeal is directed against the judgment and decree dated 3rd September 1994 passed by Additional District Judge, Gondia in Regular Civil Appeal No.74/1994 whereby judgment and decree dated 31/7/1992 passed by the trial court in Regular Civil Suit no.34/1971 dismissing the suit was confirmed.

2. One Tikaram died leaving behind him three sons who are original plaintiffs 1 to 3 – appellants 1 to 3 herein and a widow who is original plaintiff no.4 – appellant no.4 herein. Plaintiffs pleaded that the land Khasra No.189, area 8.22 acres, situated at village Gondia (Buzruk.) was their ancestral property. During his life time Tikaram was addicted to vices. On 21/1/1959 Tikaram sold the land area 3.20 aces out of Kh. No. 189 to the defendants by executing sale deed. Plaintiffs filed Regular Civil Suit no.131/1963 against the defendants for setting aside the said sale deed. The judgment and decree passed in that suit was challenged in an appeal and now it has reached to finality. Again Tikaram had sold remaining portion of 4.82 acres of land out of same khasra number to the same defendants vide registered sale deed dated 11/2/1959. To challenge second alienation plai























































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