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2012 Supreme(Raj) 670

PRASHANT KUMAR AGARWAL
Ram Ratan – Appellant
Versus
Chandra Prakash – Respondent


Advocates Appeared:
For the Appellant:Ram Ratan, Advocate.
For the Respondents: None Present.

Judgement Key Points

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Judgment :

1. The plaintiff-appellant has preferred this Civil Second Appeal under Section 100 of the Code of Civil Procedure against the impugned judgment and decree dated 24.4.2008 passed by the Additional District Judge, Kekri (District Ajmer) in Civil Regular Appeal No.2/2006 whereby the learned appellate Court by allowing the appeal filed by the defendant-respondent-Shri Chandra Prakash set aside and reversed the judgment and decree dated 1.4.2006 passed by the trial Court i.e. Civil Judge (Senior Division) Kekri (District Ajmer) in Civil Suit No.3/1995 whereby and whereunder the learned trial Court decreed the suit filed by the plaintiff-appellant for declaration and permanent injunction.

2. Brief relevant facts for the disposal of this appeal are that the appellant filed a suit for declaration, cancellation of sale deed and permanent injunction with the averment that land in dispute, an agriculture land, originally belonged to his grand-father-Late-Shri Bhura and after his death it solely devolved upon his father late Shri Narayan and mutation was also opened in his favour. It was also averred that his father Shri Narayan died in Samvat Year 2030 and upon his death the land i














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