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2012 Supreme(Raj) 1096

PRASHANT KUMAR AGARWAL
Ram Lal – Appellant
Versus
Bajrang Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.K. Singodiya
For the Respondent: S.N. Shah

JUDGMENT :

Prashant Kumar Agarwal, J.

The defendant-appellants have preferred this Civil First Appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 26.07.2008 passed by Additional District Judge (Fast Track) No.1, Jhunjhunu in Civil Suit No.72/2006 whereby the learned trial Court has decreed the suit for declaration, specific performance of agreement to sell and permanent injunction filed by the plaintiff-respondent.

2. There is no dispute between the parties regarding following facts:

(i) Plaintiff-respondent and defendant-appellants are real brothers beings sons of one Shri Bhura Ram.

(ii) They are co-tenants of agricultural land comprising in Khasra Nos.677 and 678 (hereinafter to be referred as "suit property No. 1"), each brother having ?th undivided share in it. They are also co-tenants of one-half share of another agricultural land comprising in Khasra Nos.83 and 84 (hereinafter to be referred as the "suit property No.2"), each brother having ?th undivided share in it.

(iii) Defendant-appellant-Shri Ram Lal executed a registered release deed dated 14.07.2006 of his ?th share in suit property No.1 in favour of defendant-appellants-Shri Jwala































































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