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2018 Supreme(Chh) 591

SANJAY K.AGRAWAL
Duryodhan (Died) through his Legal Representative Sunder Mohan – Appellant
Versus
Madhulal (Died) through his Legal Representatives – Respondent


Advocates Appeared:
For the Appellant :Miss Sharmila Singhai, Advocate.
For the Respondent:Mr. B.P. Sharma and Mr. H.S. Patel, Advocates.

JUDGMENT :

1. The substantial questions of law involved, formulated and to be answered in this defendant No.1's second appeal state as under: -

(1) Whether the lower appellate Court was justified in reversing the decree of the Court of first instance on the ground that the plaintiff had prescribed title by adverse possession?

(2) Whether the first appellate Court was right in holding that the certified copy of the sale deed Ex.D.5 was inadmissible in evidence?

(For the sake of convenience, parties would be referred hereinafter as per their status shown in the suit before the trial Court.)

2. The original plaintiff/respondent No.1 herein instituted an action against defendant No.1 (appellant herein) and defendant No.2 (respondent No.2 herein) before the trial Court seeking declaration to the effect that the plaintiff be declared as Bhumi Swami of suit land bearing Khasra No.107/1, area 0.324 hectare, situated at Village Ludeg, Tahsil Dharamjaigarh, District Raigarh stating inter alia that originally the suit land was known as “Narihai land” meaning thereby that village servant used t



































































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