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1990 Supreme(Raj) 793

N.C.SHARMA
Mohani – Appellant
Versus
Mst. Gopli @ Shanti – Respondent


JUDGMENT

1. - This is a second appeal by the legal representatives of Chouthmal deceased defendant No. 1 in Civil Original Suit No. 513/64, against the decree of Additional District Judge No. 6, Jaipur City, Jaipur, dated 3rd Nov., *80, reversing the decree of Munsif Jaipur City (West), dated 16th Sept., 69 and decreeing the suit of plaintiff-respondent No. 1 for possession of a portion of the house property marked F.G. & H. in the site-plan. filed along with the plaint, and for an amount of Rs. 50 20, with a right to recover damages at the rate of 5/- per month from the date of the institution of the suit, till the delivery of possession of the said portion of the property by the appellants to plaintiff-respondent No. 1.

2. The facts in brief are that on 17th Dec., 64, plaintiff-respondent Gopali instituted Civil Suit No 513/64, against Chouthmal deceased and Prabhu Narain. It was alleged that Prabhu Narain, father of the plaintiff, was owner of the house-property marked ABCD in yellow colour in the site-plan, filed along with the plaint. Out of this house-property, the houses marked FGH, along with the chowk, Taj and Gokha, were gifted by Prabhu Narain in favour of the plaintiff b














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