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2019 Supreme(Chh) 663

SANJAY K.AGRAWAL
KAPIL – Appellant
Versus
JELURAM (DIED AND DELETED) – Respondent


Advocates Appeared:
Rishi Rahul Soni, Adv., Nishi Kant Sinha, Adv., Vimlesh Bajpai, Adv.

JUDGMENT :

Sanjay K. Agrawal, J.

The substantial question of law involved, formulated and to be answered in the second appeal preferred by the defendants is as under:-

"Whether both the courts below are justified in passing a decree of possession of entire suit land shown in Schedule "A" of the plaint after having held that the plaintiffs are entitled and are title holders of the suit land to the extent of 1/2 share in the land mentioned in Schedule "A" of the plaint ?"

[For the sake of convenience, the parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court].

2. The following genealogical tree will demonstrate the relationship among the parties:-

Udaipuriha Bargah

Jagna (Dead)

Topri (Dead)

Hira Sai

Manbodh Issueless

Ramjivan

Ghurvin (Dfd.3)

Tengna

Mahesh

(Dfd. No.2)

 

 

Mankunwar

(Dead)

Etwari

(Dfd. No.1)

 

 

Lakshmania

(Daughter)

(Dead-84)

 

Jheluram

(Plt.1)

Shivprasad

(Plt.2)

Two plaintiffs namely Jelu and Shiv Prasad filed a suit for declaration that sale deed










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