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2014 Supreme(Chh) 167

SANJAY K.AGRAWAL
Menharan – Appellant
Versus
Ghanaram – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:P.P. Sahu, Advocate
For Respondents/Defendant:Abhishek Sharma, Y.C. Sharma, Vivek Rathore, Advocates and Sanjeev Agrawal, P.L.

JUDGMENT

Sanjay K. Agrawal, J.

1. The substantial question of law formulated and to be answered in this plaintiff's second appeal states as under:

"Whether both the Courts below are justified in dismissing the plaintiff's suit as barred by limitation by recording a perverse finding ?"

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

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

"(1.1) Plaint scheduled suit property originally held by two brothers namely Dharmu and late Jagta. Dharmu having share in the suit property sold the land bearing Khasra No. 308/11, area 3.06 acres situated at village Nawagaon, Tahsil Saja, District Durg on 25.5.1968 to plaintiffs for consideration of ` 2,000/- and put them in possession.

(1.2) It is further case of the plaintiffs that in the year 1968-1969 plaintiffs sowed Kodo and thereafter Rahar, which was harvested by defendants and tried to disposes them and, therefore, Civil Suit No. 31-A/70 styled as Sewak Ram & others v. Must. Kunti Bai & another for permanent injunction came to be filed against defendants therein namely Kunti Bai and Ghanaram i.e.





























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