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2020 Supreme(Chh) 72

SANJAY K.AGRAWAL
KRANTI KUMAR – Appellant
Versus
KIRAN SHRIVASTAVA – Respondent


Advocates Appeared:
H.B. Agrawal, Advocate, Richa Dwivedi, Advocate, R.K. Pali, Advocate

JUDGMENT

Sanjay K Agrawal, J. - This second appeal preferred by the appellant / plaintiff was admitted for hearing by formulating the following substantial question of law: -

    "Whether both the Courts below were justified in holding that plaintiff has no title over the suit land by ignoring the fact that he has purchased the suit land from Motilal Jain by registered sale deed dated 30/10/1979 (Ex.P1c)?"

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

2. The plaintiff and the defendants are brothers and sister. The plaintiff brother filed suit against his two brothers and one sister stating inter alia that he purchased the suit house by registered sale deed 30-10-1979 (Ex.P-1C) from one Motilal Jain and became title holder and as such, it is the selfacquired property in which the defendants are licensees and despite request, they have not vacated the suit house and therefore he is entitled for decree of declaration of title and recovery of possession along damages which was opposed by the defendants by filing written statement stating that Motilal Jain had no right and title to sell t

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