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2017 Supreme(Raj) 2718

VIRENDRA KUMAR MATHUR
Surendra Kumar – Appellant
Versus
Poolwanti Devi – Respondent


Advocates Appeared:
Mr Akshat Verma, Mr J.R. Purohit and Mr Ajay Purohit, Advocates, for the Appellant; Mr Muktesh Maheshwari and Mr Sajjan Singh, Advocates, for the Respondent

JUDGMENT

Virendra Kumar Mathur, J. - This Civil First Appeal under section 96 CPC has been filed against judgment & decree dated 07.01.2017 in Civil Suit No.371/2015 (55/2001) { Suresh Kumar & ors. vs. Phoolwanti Devi & ors), whereby the suit was rejected on ground of jurisdiction. Briefly stated, the appellants preferred a suit for declaration and cancellation of sale deed as well as injunction with respect to Hindu Joint Family property. It was also alleged in the plaint that the appellants and respondent No.1 were members of Joint Hindu Family of Munna Lal and during his lifetime, partition of the properties never took place. It was also alleged that Munna Lal during his lifetime purchased various properties in the name of husband of respondent No.1 Jawahar Lal as well as in the name of respondent No.1 herself, which were acquired from income of Munna Lalji. The properties so acquired by Munna Lalji were described in para 4 of the plaint.

2. It was also alleged in the plaint that the properties described in khasra No.7/18 were never made demarcation and these are adjacent to khasra No.7/19, which is apparent from mauka report dated 07.02.1999. It was also stated that on 20.11.199

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