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2017 Supreme(Raj) 427

DEEPAK MAHESHWARI
Kailashchandra S/o Late Shri Radhakishan ji – Appellant
Versus
Sant Ramtaram Guru Sant Shri Bhagatram ji Ramsnahi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.R. Nagori, Mr. Alkesh Agarwal, Mr. S.L. Kumawat, Mr. Akshay
For the Respondents: Mr. Ramit Mehta, Mr. Muktesh Maheshwari, Mr. Tarun Dudia, Mr. Saurabh Maheshwari

JUDGMENT :

1. Appellant plaintiff has preferred this appeal against the judgment and decree dated 08.08.2013 passed by learned Addl. District & Sessions Judge No.2, Bhilwara whereby he dismissed the suit of plaintiff filed for cancellation of sale-deed as also seeking injunction and pre-emption.

2. Facts in brief giving rise to this appeal are that plaintiff Kailashchandra, claiming him to be son of Radha Kishan Joshi, filed a suit before learned trial Court wherein it was averred by him that a residential house located at Mahatma Gandhi Hospital Road, Bhilwara was purchased by Radha Kishan Joshi out of his own income. He died on 6.12.2002. Since then, plaintiff is in possession of the house as its owner. He had to move out frequently for his business purpose. His mother Smt. Kamla Devi was introduced to Ramsnehi Sect by Vijay Kumar, who happens to be son of her brother Radheyshyam Tripathi. Vijay Kumar and Dinesh Kumar both of them persuaded his mother and could succeed in getting the said house sold to defendant Sant Ramta Ram of Ramsnehi Sect through a fictitious sale-deed on 11.07.2008. No consideration amount was paid for the said sale. The sale-deed was executed after taking Sm











































































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