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2018 Supreme(Raj) 2049

ARUN BHANSALI
Sunil Dhanpat Raj Bhandari – Appellant
Versus
Shakuntala Kumari Alias Sangeeta Kanwar Prem Singh – Respondent


Advocates Appeared:
O.P. Mehta, Adv., Prateek Rohiwal, Adv.

JUDGMENT

Arun Bhansali, J. - This revision petition is directed against the order dated 26.11.2013 passed by the trial court, whereby the application filed by the petitioners under Order VII, Rule 11, CPC has been rejected.

2. The respondent No.1 daughter of Prem Singh filed a suit for cancellation of sale deeds and permanent injunction inter-alia seeking declaration that document Nos. 1534 & 1533 dated 15.09.1979 to the extent of her half share be declared void and the land transferred by the documents be ordered to be recorded in her name in the revenue records.

3. It was inter-alia claimed in the plaint that agricultural land ad measuring 2486 Bigha 10 Biswa is situated in Village Kaparda, Tehsil Biiara, District Jodhpur. In the said land the plaintiff and defendant No.20 i.e. Praveen Kumar, her brother have 2/16 share ad measuring 336 Bigha 4 Biswa, they are in possession as co-tenant and the land has not been partitioned so far. The land in question was recorded in the name of plaintiff and her brother as per their share through guardian defendant No. 19 Smt. Pawan Kanwar, their mother. The plaintiff and defendant No.20 were minors and defendant No.4 Chain Singh, who is real bo

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