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2016 Supreme(Raj) 939

DINESH CHANDRA SOMANI
Ajay Kumar Gupta – Appellant
Versus
Khadak Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.K. Agarwal, Senior Advocate with Mrs. Sunita Pareek, Advocate.
For the Respondent:Mr. Amit Kumar Sharma, Advocate.

JUDGMENT :

Dinesh Chandra Somani, J.

Defendant-petitioners filed this petition to quash and set aside order dated 28.1.2015 passed by Additional Civil Judge (JD) No. 4, Alwar and consequently to reject the applications of plaintiff-respondent No. 1 filed under Order 6, Rule 17 of C.P.C.

2. Brief Facts :-

The plaintiff-respondent No. 1 filed a suit against defendant-petitioners to declare the sale deeds executed by defendant-respondent No. 2 herein on dated 7.5.2008 and 8.5.2008 in favour of the defendant No. 2 and I respectively, to be void and ineffective as against plaintiff-respondent and also for permanent and mandatory injuction. The plaintiff filed the suit with the averment that he has taken the suit premises on rent @ Rs. 30/- (Thirty Rupees) per months from Bihari Lal S/o Bhagwan Sahai on dated 10.1.1968 in the form of Godown in which he is doing business of sacks ("baardaana"). Chiranjee Lal S/o Bhagwan Sahaya and Lakhmi Chand S/o Bhore Lal filed a suit for eviction and recovery of rent against the plaintiff-respondent on dated 10.4.1974. In that suit present plaintiff pleaded that Chiranjee Lal and Lakhmi Chand were not the owner of that rented property, Shri Bihari Lal S/o































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