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2002 Supreme(Raj) 1412

HARBANS LAL
Manak Chand – Appellant
Versus
Mool Chand – Respondent


Advocates:
For the Petitioner:D.D. Patodiya, Advocate.

JUDGMENT

1. - This revision petition is directed against the judgment and decree dated 5.2.1994 passed by learned Munsif, Lalsoth under Order 17 Rule 3, Civil Procedure Code dismissing the suit of the plaintiff-petitioner.

2. The plaintiff-petitioner filed a suit for possession under Section 6 of the Specified Relief Act, 1963 against the defendant/non-petitioners in the Court of learned District Judge. Dausa pleading therein inter alia that the defendants forcibly dispossessed him with the help of police from the Kham house marked ABCD in the enclosed site plan which was got constructed by him on agricultural land situated at village Mohammadpura, Tehsil Lalsoth bearing old Khasra No. 186 and new Khasra No. 63/2 through a registered sale deed dated 15.7.1970 from Thakur Gumani Ram Ji. The defendant-non-petitioners denied the allegations in their written statements and pleaded that the land in question was sold to them by one Raghunath Singh and though the land was entered in the name of plaintiff but it was in actual possession of Ramla, Srila etc. who are Bairwas by caste. It appears that the suit was transferred to the learned Court below on account of amendment in the pecuniary

















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