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2021 Supreme(Raj) 352

ARUN BHANSALI
Lali – Appellant
Versus
Kanhaiya Lal – Respondent


Advocates appeared:
Mr. V.N. Kalla, Mr. R.R. Ankiya, for the Appellant; Mr. Vinay Jain, Mr. Darshan Jain, for the Respondent.

JUDGMENT

1. These appeals are directed against the judgments and decree dated 8.2.2013 passed by Civil Judge (Sr. Division), Mandalgarh, Bhilwara and 11.10.2013 passed by Additional District Judge No.3, Bhilwara, whereby, the suits for partition filed by the plaintiff - appellant have been rejected and the appeals filed therefrom have also been rejected.

2. The suits were filed by the plaintiff - Smt. Lali against Kanhaiya Lal - brother and Smt. Jhamku - sister-in-law (in Civil Original Suit No.8/2010) and against Kanhaiya Lal - brother, Rajmal and Jeetmal - the two purchasers (in Civil Original Suit No.9/2010) seeking partition of the properties.

3. It was inter alia claimed that the suit properties were owned by Late Sh. Dunga - father of plaintiff - Lali and defendant -Kanhaiya Lal and that the defendant got issued the pattas from the Gram Panchayat in his name and that of his wife and, therefore, the partition by metes and bounds was sought qua half of the properties.

4. The suits were contested by Kanhaiya Lal inter alia claiming that the suit properties were purchased by him by getting issued pattas from the Gram Panchayat by making payment and as such the properties were his / h

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