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2015 Supreme(Raj) 1048

P.K.LOHRA
Mohd. Iqbal Khatri – Appellant
Versus
Jadav Devi through her Legal Representatives – Respondent


Advocates Appeared:
For the Appellant : Sandeep Shah
For the LRs of Respondent Jadav Devi: O.P. Mehta and Jagat Tatia

JUDGMENT :

P.K. Lohra, J.

Appellant, one of the plaintiffs, has laid this second appeal to challenge the judgment and decree dated 7th of April, 2014 passed by Additional District & Sessions Judge, Churu (for short, learned lower appellate Court), whereby learned lower appellate Court has dismissed appeal of the appellant and affirmed the judgment and decree dated 17th of September, 2007 passed by Civil Judge (Junior Division) Churu (for short, learned trial Court) in a suit jointly filed by appellant and proforma respondents No.4 and 5.

2. Succinctly stated, facts of the case are that respondents No.4 & 5 jointly filed a suit for declaration against Late Smt. Jadav Devi wherein State of Rajasthan through Collector, Churu and Municipal Board, Churu were also impleaded as defendants. In the suit, it is, inter alia, averred that an agricultural land measuring 10½ bighas of khasra No.1267/219 was set apart by District Collector, Churu for industrial purposes under Section 92 of the Rajasthan Land Revenue Act, 1956 (for short, 'Act of 1956') by its order dated 27th of May, 1965. After passing of set apart order, the land was allotted to Industries Department, which in turn allotted it to













































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