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1988 Supreme(Raj) 794

J.R.CHOPRA
Madan Lal Purohit – Appellant
Versus
Goverdhan Das and anr – Respondent


Advocates:
For the Petitioner:T.S. Champawat, Advocate.
For the Respondent No. 1:Narpatsingh, Advocate.
For the Respondent No. 2: Kumlesh Joshi, P.P.

JUDGMENT

1. - This revision petition arises out of an order of the learned Addl. Sessions Judge No. 1, Jodhpur dated 3.11.1987 whereby the learned Judge has accepted the revision petition filed by non-petitioner No. 1 Shri Goverdhandas and has set aside the order of the learned Assistant Collector, Jodhpur dated 31.12.1984, by which, the learned Assistant Collector, Jodhpur has held that on 25.7.1977, petitioner Madanlal was in possession of the disputed Ora and, therefore, non-petitioner Goverdhandas was directed to hand over the possession of this Ora to petitioner Madanlal.

2. The facts necessary to be noticed for the disposal of this petition briefly stated are that originally, this house in dispute belonged to one Mst. Ramadevi. It is alleged that a portion of this house was let out by Mst. Ramadevi to non- petitioner Goverdhandas and a part of it i.e. the Ora in dispute was let out to one Shri Ganeshilal for running a school but later, he closed the School in this house and put his articles in Ora. It was vacated by him on 26.5.1977 and its possession was handed over to petitioner Madanlal, who alleges himself to be the owner of this house belonging to Mst. Ramadevi on the bas










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