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1986 Supreme(Raj) 424

G.M.LODHA
Gulam Mohinuddin – Appellant
Versus
Jalil – Respondent


JUDGMENT

1. - Plaintiffs Gulam Mohinuddin and Afzal Hussain have filed this second appeal against the defendants Jalil and Nazir challenging the judgment of learned Additional District Judge, No. 1, Jaipur City, Jaipur whereby the suit of the plaintiffs was dismissed and the judgment of Additional Munsif No. 1, Jaipur was confirmed

2. The plaintiffs filed this suit against the defendants for possession of the apartment house in the suit property mentioned in para I of the plaint The plaintiffs' case is that Maula Bux was the owner of the suit property and he gifted it to Ibrahim through a registered deed dated May 6, 1954. Then Ibrahim gifted this property in favour of the plaintiff on October 23, 1959 by a registered gift deed and handed over the possession of the building to them. Ibrahim often lives at Ahmedabad and when Ibrahim came to Jaipur in marriage of the plaintiff's daughters, defendant Jalil made a request that at that lime he had paucity of accommodation. On this request Ibrahim allowed Jalil to occupy the second storey of the suit property. However, the defendant did not vacate it and did not return it back to Ibrahim. Ibrahim gifted the house in suit to the plaintiffs

























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