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2019 Supreme(Chh) 721

RAM PRASANNA SHARMA
SHANTIBAI – Appellant
Versus
GYANCHAND – Respondent


Advocates Appeared:
B.P. Sharma, Adv., Manish Thakur, Adv., Supriya Upasane, Adv., Sharmila Singhai, Adv.

JUDGMENT

Ram Prasanna Sharma, J. - This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 23.01.1998 passed by Fourth Additional District Judge, Bilaspur, Link Court- Mungeli (M.P.) (Now C.G.) in Civil Suit No. 17-A/1990, wherein the said court decreed the suit filed by the respondent/ plaintiff for possession of suit house bearing house No. 21/1 situated at Gandhi Ward, Mungeli mentioned in Schedule-A of the plaint and for means profit to the tune of Rs. 200/- per year.

2. The suit property is a house whose map is shown in Schedule-A of the plaint. A, B, C & D partition of the house shown in map was owned by Mohan Lal, S/o Lunkaran, who died on 26.11.1921 issue-less and after his death, his wife namely Laxmibai inherited the property. The area shown in the map K, Kh, B & C was purchased by said Laxmibai on 25.07.1942 from one Kapoorchand. Kapoorchand purchased the said portion from one Jamunalal Daga by registered sale-deed dated 21.07.1942 and earlier the said portion was purchased by Jamunalal Daga from Ratanchand vide registered sale-deed dated 07.04.1937. Ex. P/2, P/3 & P/4 are three sale-deeds regarding above mention

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