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2012 Supreme(Chh) 160

A.M.SAPRE
Rukman Bai – Appellant
Versus
Sukhman Bai – Respondent


Advocates Appeared:
For the Parties :Smt Meena Shastri, Advocate, for the Appellant
Shri Anurag Dayal Shrivastava, Advocate, for the Respondent

JUDGMENT

1. This is a second appeal filed by the plaintiff under Section 100 of C.P. Code against the judgment/decree dated 11/8/1994 passed by Additional District Judge, Manendragarh in Civil Appeal No. 7-A/93 which in turn arise out of judgment and decree dated 23/2/93 passed by Civil Judge, Class II, Manendragarh in Civil Suit No. 32-A/85.

2. By impugned judgment and decree, both the Courts below (trial Court and first appellant Court) dismissed appellant's suit/first appeal respectively and declined to grant decree to the appellant in her suit which was filed for seeking declaration of her exclusive title in suit land.

3. So the question which arises for consideration in this appeal is whether two Courts below were justified in dismissing appellant's suit/first appeal?

4. Facts of the case need mention to appreciate the issue involved in the appeal. In fact they lie in a narrow compass:-

5. The appellant is the plaintiff whereas the respondent is the defendant.

6. The dispute relates to land bearing Khasra Nos. 231, 234, 352, 367, 463, 466/2, and area Nos. 2.566, 1.522, 3.354, 2.290, 0.721, 0.291 total Khasra numbers six, and total area 10.744 (hereinafter referred to as "suit land")




























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