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2016 Supreme(Raj) 604

P.K.LOHRA
Banshi Lal – Appellant
Versus
Kalu Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sandeep Saruparia

JUDGMENT :

P.K. Lohra, J.

Unsuccessful before both the courts below, appellant-plaintiff has preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'CPC').

2. The facts, in brief giving rise to this appeal, are that appellant instituted a suit for possession, mandatory and prohibitory injunction against the respondents before the Civil Judge (Sr. Div.) Jaitaran (for short, 'learned trial Court'), inter alia, on the ground that suit property was purchased by him from Birdaram Chockidar by registered sale-deed dated 19th June, 1978. At the time of purchase of the suit property, there was kucha construction on it, which collapsed four years back from institution of the suit, i.e., somewhere in 1992. It is also averred that on 15th June, 1985, the appellant collected building materials at the site, which is still lying there. As regards, respondent-defendants, it is averred in the plaint that they are having no share in the suit property, but unauthorisedly they have roped some obstacles to prevent ingress and egress of the appellant on the suit property. Despite objection raised by the appellant-plaintiff, nothing was done by the respondents and t



























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