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2015 Supreme(Raj) 228

VINEET KOTHARI
Kanti Lal – Appellant
Versus
Deepchand – Respondent


Advocates:
Advocate Appeared:
For the Appellant/Plaintiffs : Mr. Manish Shishodia, Mr. Vikram Singh
For the Respondents/Defendants:Mr. L.R. Mehta, Sr. Advocate with Mr. V.L. Thanvi

JUDGMENT :

1. The present first appeal has been filed by the plaintiffs having lost before the learned trial court in the present suit filed for cancellation of sale deed executed by the plaintiff's father Maanmal in favour of defendant no.1 Deep Chand for the consideration of Rs.20,000/-, which was borrowed by Maanmal purportedly for the joint family business under the name & style of M/s Bagrecha Brothers and/or M/s Navneet Chand Ashok Kumar.

2. The plaintiffs Kanti Lal @ Navneet Chand and Ashok Kumar are sons of seller Maanmal and Smt. Laxmi Bai @ Vijay Laxmi – plaintiff no.3 is one of the daughters of Maanmal, who is wife of defendant No.1 Deep Chand, whereas, defendant No.1 and 2 – Deep Chand and Dhirajmal are purchasers of the suit property, a residential house situated at Bali and defendant No.3, Smt. Shobha Kumari is another daughter of Maanmal, defendant no.4 Roopchand is elder brother of Maanmal and defendant No.5 – Vijay Chand s/o Chunnilal is another close relative being brother of maternal grand father of plaintiff No.1, Kanti Lal.

3. The case set up by the plaintiff before the learned trial court is that the residential house in question was an ancestral property and a




















































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