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2018 Supreme(Raj) 1099

ARUN BHANSALI
Geeta Devi – Appellant
Versus
Pushap Chand – Respondent


Advocates Appeared:
Salil Trivedi, Adv., R.R. Vyas, Adv.

JUDGMENT

ARUN BHANSALI, J.

1. This revision petition under Section 115 CPC is directed against the order dated 6/10/2016 passed by the Addl. District Judge No.4, Jodhpur Metropolitan, whereby, the application filed by the petitioner under Order VII Rule 11 CPC has been rejected.

2. The plaintiff-respondent filed a suit for declaration and possession inter alia with the averments that agriculture land belonging to Smt. Geeta, Smt. Leela, Kushal and Jeet comprised in Khasra No.805 ad measuring 27 Bigha 14 Biswa is situated at Kankani. It was claimed that Smt. Geeta and Smt. Leela on their behalf and on behalf of minor children entered into an agreement to sale dated 1/11/2006 with the plaintiff regarding which part consideration was paid. The defendants Smt. Geeta and Smt. Leela executed a power of attorney in favour of Harshvardhan Sancheti. On 14/11/2007, after payment of balance consideration of Rs. 28,70,000/- to Harshvardhan, the property was transferred to the plaintiff and sale deed in this regard was registered and possession was handed over. It was then claimed in the plaint that on 22/11/2007 the plaintiff came to know that defendants, Smt. Geeta and Smt. Leela have transferre



























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