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2006 Supreme(Raj) 727

PRAKASH TATIA
Rakheli Bai – Appellant
Versus
Pyare Lal – Respondent


Advocates Appeared:
Mr. Manish Shishodia alongwith Mr. Mohd. Aslam, for the Appellants.
Mr. D.D. Thanvi and Mr. Arvind Shrimali, for the Respondent.

Judgment

Prakash Tatia, J.-This second appeal has been filed by the defendants against the Judgment and decree passed by the first appellate Court dated 29.08.1985 as the first appellate Court reversed the Judgment and decree dated 18.08.1982 of dismissal of the suit of the plaintiff-respondent and decreed the suit of the plaintiff -respondent for injunction for the part of the property. The plaintiff -respondent also submitted cross-objection to challenge the dismissal of his suit for injunction for the property ABCD.

2. Brief facts of the case are that: the plaintiff filed the suit for prohibitory injunction for the two plots, one described as plot ABCD and another as EFGH. Both the plots were purchased by the plaintiff by registered sale-deeds, plot ABCD was purchased from Shanker Lal vide registered sale-deed (Exhibit-2) and plot EFGH was purchased from Banni Bai (Exhibit-1) Plot ABCD is having measurement 16 x18 whereas plot EFGH is 30x47. According to the plaintiff , all the four defendants are real brothers and they intended to encroach upon the plaintiff s plots and on 15.09.1972 forcibly put some stone-slabs in the portion of the plot shown in red colour in the plot ABCD a












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