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1997 Supreme(Guj) 416

S.D.SHAH
RUKHIBEN – Appellant
Versus
KIRIT KUMAR KANTILAL PATEL – Respondent


Advocates Appeared: H.M.PAREKH, M.C.SHAH, R.R.VAKIL

S. D. SHAH, J.

( 1 ) PETITIONERS are the original defendants and the respondent before this Court is the original plaintiff. It appears that the original plaintiff instituted Regular Civil Suit No. 41 of 1992 in the Court of Civil Judge, Junior Division, Dakor - Thasara for injunction to restrain the present petitioners from disturbing their possession of the land bearing Survey No. 232 admeasuring 3 Acres and 34 Gunthas situated at village Ojarara, Taluka Thasara. In the suit filed by the plaintiff they alleged that by registered sale deed, they have purchased the land in question from the present petitioners and that as per the sale deed also peaceful and vacant possession of the suit land is handed over to the purchaser. The present petitioners appeared in the suit and by filing written statement contended that the land was in their possession and that a kachcha hut of their ownership is situated on the land. They also contended that the sale deed has been obtained by fraud but no specific details of fraud were pleaded and how the fraud was committed or by whom the fraud was committed was not at all stated in the written statement. The trial Court granted injunction in favour of







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