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2020 Supreme(Chh) 347

SANJAY K.AGRAWAL
Hiraman (dead) Through Legal Representatives – Appellant
Versus
Jyoti Prakash, Aged 50 Years – Respondent


Advocates Appeared:
Mr. Siddharth Dubey, Advocate, for the Appellant; Mr. Ram Kumar Tiwari, Advocate., Mr. Ravi Kumar Bhagat, Deputy Government Advocate, for the Respondent

JUDGMENT

1. This appeal preferred by the plaintiff/appellant herein was admitted for final hearing on the following three substantial questions of law: -

    ''i. Whether learned first appellate Court was justified in reversing the judgment and decree passed by the trial Court declaring the land bearing Khasra No.226 area 0.486 hectare and Khasra No.975 area 0.575 hectare total area 1.461 hectare is liable to be partitioned between the plaintiff and the defendants and holding that the same fell in the share of the defendants in partition amongst the parties took place way back in 25 to 30 years ?

    ii. Whether both the Court below were justified in holding that the land Bearing Khasra No.1143 area 0.643 hectare is jointly held by the plaintiff and the defendants after death of Dukhni Bai and passing the decree for partition between the plaintiff and defendants ignoring the plea of ouster taken by the plaintiff ?

    iii. Whether the finding regarding partition between the parties way back in 25 to 30 years is perverse ?''

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

    2. The following genea

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