2009 Supreme(Raj) 1825
JITENDRA RAY GOYAL
Kamla Devi – Appellant
Versus
Kuldeep Singh Through Legal Heirs – Respondent
Advocates:
For the Appellant:Abhay Bhandari, Senior Counsel with Kinsukh Jain, Advocate.
For the Respondents:Mahendra Goyal, Advocate.
JUDGMENT
1. - This is plaintiff's second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 19.5.2006 passed by Additional District Judge No. 2, Ajmer in Civil Appeal No. 22/2001 (108/2001, 78/2001) confirming the judgment and decree dated 30.3.2001 passed by Civil Judge (Junior Division) South, Ajmer in Civil Suit No. 62/1993 (75/1989) whereby the suit of the plaintiff for execution of sale deed in her favour and injunction was dismissed.
2. Brief facts of the case are that the plaintiff-appellant Smt. Kamla Devi filed a suit with the averments that plaintiff was in need of money and therefore, she mortgaged the disputed property with Kuldeep Singh on 5.10.1967 for an amount of Rs. 2000/-, for the security of money the defendant Kuldeep Singh got a document executed in his favour giving it colour of sale deed; that it was agreed between the parties that property in dispute will be reconveyed to plaintiff Smt. Kamla Devi and for that purpose another document will be executed; that possession of the land in dispute always remained with the plaintiff Smt. Kamla Devi; that on 28.6.1986 the plaintiff requested the defendant to execute the sale
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