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2023 Supreme(Chh) 12

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Pratima Patwa W/o Shri Birendra Patwa – Appellant
Versus
Tulsi Ram Patwa S/o Late Thukel Prasad Patwa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Goutam Khetrapal, Advocate
For the Respondent:Mr. Devershi Thakur, Advocate

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present appeal is against the judgment and decree dated 18.10.2019 passed in Civil Suit No.7A/2016 by the 3rd Additional District Judge, Raipur, whereby the suit filed by the father/respondent/plaintiff against the daughter-in-law and the son (appellants/defendants), claiming ejectment over the shop bearing Khasra No.1061/4 admeasuring 160 sq. feet was decreed. Further the permanent injunction was also passed in favour of the plaintiff not to disturb the possession of the plaintiff of the suit shop.

2. The brief facts of the case are that:-

    a suit was filed by the respondent/plaintiff pleading, inter alia, that he owns a shop situated at Pandit Sunder Lal Sharma Ward No.66, Mahadev Ghat Road, Main Road, Ashwini Nagar, Raipur, Tehsil & District Raipur which is comprised over Khasra No.1061/4 admeasuring 160 sq. feet. The plaintiff contended that the said shop was purchased from one Shashi Rani Kaushal by a registered sale deed dated 28.07.2010 (Ex. P-2). After the said purchase, the name of the plaintiff was recorded in the suit shop;

according to the plaintiff said shop was being run by him and his son i.e. the appellant/defendant herein. Acco

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