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2014 Supreme(Raj) 1746

BELA M.TRIVEDI
Bulli Devi – Appellant
Versus
Suraj Bhan – Respondent


Advocates:
For the Appellants:S.L. Songara, Advocate.
For the Respondents:Mohit Gupta, Advocate.

JUDGMENT

1. - The instant second appeal has been filed by the appellants, who are the legal heirs of the original plaintiff Late Shri Manohar Lal, challenging the judgment and decree dated 17/11/2006 passed by the Additional District Judge No.2, Alwar (hereinafter referred to as 'the Appellate Court') in Civil Appeal No.71/2002, whereby the Appellate Court has partly allowed the appeal and modified the judgment and decree dated 6/9/2002 passed by the Civil Judge (Junior Division) No.3, Alwar (hereinafter referred to as 'the Trial Court') in Civil Suit No.34/223/1995.

2. The short facts, giving rise to the present appeal, are that the original plaintiff-Manohar Lal had filed the suit against the respondent No.1-original defendant, seeking declaration to the effect that the agreements dated 1/1/1979 and 23/6/1979 executed by the plaintiff in favour of the defendant were illegal and being barred by law of limitation could not be executed, and that the plaintiff was entitled to recover the possession of the suit premises from the defendant. The plaintiff had also sought for the mesne profits @ Rs. 250/- per month pending the suit, and subsequently had amended the said prayer by claiming









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