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2017 Supreme(Chh) 754

MANINDRA MOHAN SHRIVASTAVA
Manju Goyal, W/o Shri Rajmal Goyal – Appellant
Versus
Santosh Gupta S/o Shri Dhaniram Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Shri Ashok Soni, Advocate
For the Respondent:Shri K.M. Ansari, Advocate

JUDGMENT :

1. This First Appeal arises out of judgment and decree dated 11th May, 2007 passed by the Additional District Judge, Pendraroad, District-Bilaspur in Civil Suit No.22-A/2006 by which the respondent-plaintiff's suit for recovery of possession and permanent injunction has been decreed in his favour and against the appellants-defendant. By the impugned judgment and decree, the agreement dated 9.10.2004 has been declared void and illegal and appellants- defendant is directed to handover the possession of the house in dispute to the plaintiff. Learned trial Court has also granted decree of permanent injunction in favour of plaintiff and against the defendants restraining the appellants- defendant from interfering with the possession of the plaintiff over the land in dispute.

2. Respondent-plaintiff filed a suit for declaratory decree, recovery of possession of the house in dispute and also for permanent injunction on the pleadings inter alia that the house in dispute is owned by the plaintiff. It was pleaded that the plaintiff and defendant were known to each other and the plaintiff, in need of money, demanded a loan of Rs.25,000/- from Rajmal Goyal, the defendant No.2. It was






























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