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2022 Supreme(Chh) 599

GOUTAM BHADURI, SANJAY S. AGRAWAL, SANJAY S. AGRAWA
Surjit Behl W/o Gurdeep Singh Behl – Appellant
Versus
Goutam Bhaduri, Sanjay S. AgrawaGoutam Bhaduri, Sanjay S. Agrawa – Respondent


Advocate Appeared:
For the Appellant :Mr. Ashish Surana, Advocate
For the Respondent:Mr. H. B. Agrawal, Senior Advocate with Ms. Swati Agrawal & Ms. Richa Dwivedi, Advocates, Mr. Manoj Paranjpe, Advocate, Ms. M. Asha Panel Lawyer

JUDGMENT :

Goutam Bhaduri, J.

1. This appeal is directed against the judgment and decree dated 25.07.2019 passed by the learned II Additional Judge to the Court of 1st Additional District Judge, Raipur in Civil Suit No.91-A/2014 whereby the suit was partly allowed.

2. The facts of the case are that the appellant plaintiff filed a suit for cancellation of sale deed and declaration of title along-with injunction against the respondents. As per the plaintiff, the land of 0.094 hectares bearing Kh.No.20/34 equivalent to 10115 sqft which was earlier numbered as 20/31 20/18 in revenue records was purchased by the appellant by sale deed dated 25.04.1982 and since then the plaintiff claimed that he is in possession and ownership of the said land. It was pleaded that in the year 2003 two persons tried to disturb the possession for which a Civil Suit No.2-A/2009 was filed against Ravindra Kaur and others, which is pending. The plaintiff contended that she is an old lady residing at Indore and since she was tired of litigation as such in respect of sale of remaining of land of Kh.No. 20/34 a

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