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2014 Supreme(Chh) 99

SANJAY K.AGRAWAL
SHIV KUMAR – Appellant
Versus
RAJ KUMAR ALIAS RAJU – Respondent


Advocates Appeared:
Shri Ravish Verma, Advocate, for the Appellant/defendant No. 1.
Shri Akhil Agrawal, Panel Lawyer, for the State/respondent No. 3/defendant No. 3.
None for the Respondents No. 1 and 2/plaintiffs though served.

JUDGMENT

1. This appeal has been admitted for final hearing on 7-4-2000 on the following substantial questions of law:

"(1) Whether the finding recorded by the revenue court in Revenue Case No. 4-A/6/81-82 would operate as res judicata in the civil suit?

(2) Whether the-revenue court was competent to decide the issue regarding the fact that respondent No. 2 was not the widow of Amarnath and the respondent No.1 his son?"

[For the sake of convenience, the parties will be referred in the instant judgment as were referred in the suit.]

2. The imperative facts required to be noticed for adjudication of this appeal are as under:

2.1 Original plaintiffs Rajkumar alias Raju and Dhulenihinbai alias Ganeshiyabai, who are son and widow of Amarnath Dubey, respectively, filed a suit for declaration and possession stating inter alia that Amarnath Dubey and original defendant Babulal Dubey were brothers and sons of Sevaram. Original defendant Babulal Dubey died during pendency of the suit and his legal representatives Shivkumar (son) and Udkunwar (widow) were brought on record. It was further pleaded that the suit land measuring area 3 acres 20 dismil, mentioned in Schedule B annexed to the plaint, was
















































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