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1989 Supreme(Raj) 575

S.C.AGRAWAL
Shiv Prasad Garg – Appellant
Versus
Bhairon Singh – Respondent


JUDGMENT

1. - This second appeal is by the plaintiff in a suit for eviction filed against the respondent Bhairon Singh.

2. There is a property bearing old Municipal No. 1/552 and new Nos. 1 and 2 situated at Amla Marg, Beawar. The said property belonged to one Shri Vinodi Lal Mathur and on his death it devolved on his sons and grand-sons. The appellant purchased 7 out of 9 shares in this property under various registered sale deeds executed during the period 1961 to 1965. The respondent is in occupation of a part of the said house. The appellant filed a suit (No. 4/1964) in the court of Civil Judge, Beawar for partition of his 7/9th share in the property. In the said suit the appellant impleaded the other co-sharers in the property as defendants Nos. 1 to 11. In addition to the co-sharers, the appellant also impleaded the respondent as well as the other tenants who were in occupation of the premises as defendants Nos. 12 to 18 in the said suit. The appellant prayed for partition of the property by metes and bounds and for being put in exclusive possession of his 7/9th share in the said property. The appellant also prayed for a decree for rendition of accounts in respect of rents col



























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