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2024 Supreme(Chh) 458

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Dolnarayan S/o Late Ram Prasad Aghariya – Appellant
Versus
Teejmati Wd/o Lochan Prasad Aghariya – Respondent


Advocate Appeared:
For the Appellant :Mr. B.P. Sharma, Mr. Hari Agrawal & Mr. M.L. Saket, Advocates
For the Respondents: Mr. Roop Naik, Mr. Abhishek Singh, Panel Lawyer

JUDGMENT :

Goutam Bhaduri, J.

1. Since both the appeals are arising out of same judgment and decree dated 31-10-2018 passed by the Second Additional District Judge, Raigarh, in civil suit No.A/50/2011 they are being heard and decided together by this common judgment.

2. FA No.674 of 2018 is preferred by the defendant No.1, who was purchaser and FA No.79 of 2019 is preferred by the defendantsNo.2 & 3 from whom the defendant No.1 purchased the part of property.

3. In order to appreciate the facts, it would be necessary to show the genealogical tree of the family, which is as under :

4. Dharamsingh had four sons namely; (i) Ramprasad, (ii) Sadhuram,(iii) Bansidar and (iv) Lochan Prasad. On the part of property the plaintiffs No.1 & 2 namely; Teejmati & Yodhram, respectively are claiming through Lochan Prasad. Plaintiffs No.3 & 4 namely; Dhaniram & Tejram, respectively are claiming through Sadhuram and plaintiffs No.5 & 6 namely; Bhojnath & Tilakram, respectively are claiming through Bansidar filed a suit on one side whereas the defendants No.2 & 3 namely; Dolnarayan & Sagarmati, respectively claiming through Ramprasad on the other side.

5. According to the plaint averments, the ancestors of

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