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2022 Supreme(Chh) 276

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Upasna Gupta W/o Satish Chandra Gupta – Appellant
Versus
Girish Chandra Gupta S/o Late Atmaram Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Arvind Shrivastava, Advocate
For the Respondents:Shri T.K.Jha, Shri Hari Bhagat Agrawal, Sr. Advocate assisted by Ms. Richa Dwivedi, Advocate

JUDGMENT :

Heard.

1. Present appeal is filed by the appellant/plaintiff against the judgment and decree dated 28th November 2016 passed by the learned First Additional District Judge, Bilaspur in Civil Suit No.1A/2013 whereby the suit preferred by the appellant/plaintiff was dismissed.

2 (a) Brief facts of the case are that the appellant/plaintiff filed a suit interalia stating that the suit house bearing No. C-346 (New Number 203) situated at Mouja Juna Bilaspur, Krishna Nagar Ward No. 27, Bilaspur area 55 x 27 = 3500 sq.ft. which is surrounded by four corners namely by house of Santsoh Sharma in the north, Road in the South, house of Late Adhari Lal Soni in the East, as Gend Ram Sao Marg in the west. The suit house was owned by the testator-Late Atmaram Gupta who died on 03.12.2004. The suit house was constructed by Late Atmaram Gupta who resided over there till his life time. It is pleaded that late Atmaram Gupta had executed a registered WILL dated 28.11.2003 in favour of the plaintiff with respect to the suit house and agricultural land situated at village Mouja Lagra PH. No. 18 R.I. Circle Bilaspur, Tahsil and District Bilaspur. It was further pleaded that after the death of Atm

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