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2019 Supreme(Chh) 664

SANJAY K.AGRAWAL
BINDABAI W/O MADHAV SINGH – Appellant
Versus
BALA – Respondent


Advocates Appeared:
Manoj Paranjape, Adv., Anurag Singh, Adv., A.N. Bhakta, Adv.

JUDGMENT :

Sanjay K. Agrawal, J.

The substantial questions of law involved, formulated and to be answered by this Court in this second appeal preferred by the defendants are as under:-

"1. Whether the two Courts below were justified in not holding that the land which has been purchased by the Appellants/defendants vide sale deed dated 28.1.1982 and the land belonging to the Plaintiff's father Domar Lodhi were distinct piece of lands having separate boundaries ?

2. Whether the core dispute between the Plaintiff and the Defendants was on account of a mistake in entering of the Khasra Nos. in the two sale deeds by which the Plaintiff and the Defendants claim ownership over the suit land ?"

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

2. The plaintiff filed a suit for declaration of title and permanent injunction stating inter-alia that he is title-holder and in possession of the suit land bearing khasra No.132/3, which is originally khasra No.132/1 area 3.80 acres, in which the defendants are interfering as the plaintiff's father has purchased the suit land by registered sale deed dated









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