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2018 Supreme(Raj) 66

DINESH MEHTA
Mahendra Sharma – Appellant
Versus
Daya Ram Chela of Late Deva Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ramit Mehta, Mr. Tarun Dudia
For the Respondent: Mr. R.K. Thanvi, Mr. Narendra Thanvi, Mr. Ashok Thanvi, Mr. O.P. Boob, Mr. Bhagirath Choudhary

JUDGMENT :

Dinesh Mehta, J.

The present appeal under Section 96 of the Code of Civil Procedure, 1908 had been filed by the appellants-defendants No. 8, 10, 11, 12 and 15 feeling aggrieved of the judgment and decree dated 20.04.1985, whereby the learned District Judge, Balotra (hereinafter referred to as the 'Trial Court') decreed the suit filed by the plaintiff - Deva Ram Chela Raja Ram.

2. The suit aforesaid came to be filed by the Respondent-plaintiff; inter alia, averring that he had purchased 10 bigha land of khasra No. 235 (old) of village Balotra, vide registered sale deed dated 27.07.1968 and was enjoying peaceful possession thereof; a road connecting Balotra and Samdari divided the said land of khasra No. 235 into two parts, on southern part, the plaintiff had constructed Rajaram Boarding House. It was also stated, that in the new settlement of Samvat 2032, the southern part of the land was shown to have been falling in khasra No. 558, while the northern part of the land, which is situated between the said Samdari-Balotra road and Samdari-Balotra railway line, became part of khasra No. 609. It has also been stated that the plaintiff had been enjoying peaceful possession over h



















































































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