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2019 Supreme(Raj) 1801

SANDEEP MEHTA
Pappu Singh Son Of Narayan Singh Ji Rajpoot – Appellant
Versus
Prahlad Sen Son Of Badri Lal Sen – Respondent


Advocates Appeared:
A.K. Babel, Advocate, S.L. Jain, Advocate

JUDGMENT

Sandeep Mehta, J. - The appellants-defendants Nos.2 and 3 (hereinafter referred to as 'the appellants') have approached this Court by way of the instant first appeal for assailing the judgment and decree dated 06.11.2017 passed by the Additional District Judge No.3, Chittorgarh in Civil Original Suit No.06/2013 whereby the suit filed by the plaintiff-respondent No.1 has been decreed.

2. Brief facts relevant and essential for disposal of the appeal are noted herein below:

    The respondent plaintiff filed a suit for cancellation of the sale deed and permanent injunction in the court of the District Judge, Chittorgarh which came to be transferred to the Court of the Additional District Judge No.3 Chittorgarh for trial. It was averred in the plaint that two sale deeds were executed by the plaintiff Prahlad Sen, one in favour of Puran Mal (Ex-1) and the other in favour of Pappu Singh (Ex-2) on 05.12.2011. Puran Mal in turn, executed a registered sale deed of the plot purchased by him in favour of Shyam Lal S/o Devilal Regar (Ex-3) 15.02.2012. The suit was filed on the premise that the two cheques bearing No.324159 dated 06.12.2011 and 324160 dated 10.12.2011 issued by Puran Mal as c

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