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2022 Supreme(Raj) 616

SUDESH BANSAL
Kanhaiya S/o Shri Kirori Kathumar – Appellant
Versus
Ramesh Chand S/o Ram Dayal Mahajan – Respondent


Advocates Appeared:
For the Appellants :Mr. Ajeet Kumar Sharma, Sr. Advocate assisted by Mr. Rachit Sharma.
For the Respondents: Mr. Aatish Jain.

JUDGMENT :

1. Appellants-defendants have filed this second appeal invoking the jurisdiction of the High Court under Section 100 CPC assailing the judgment and decree dated 26.08.2008 in Appeal No.22/2006 passed by the Additional District Judge, Laxmangarh, Alwar affriming the judgment and decree for eviction and recovery of rent dated 31.07.2006 in Civil Suit No.76/2002 passed by the Civil Judge (Junior Division), Kathumar, District Alwar.

2. The dispute between parties is in relation to an immovable property comprising double storey haveli and a nohra situated at town Kathumar, District Alwar. The respondent No.1 is plaintiff. Both appellants and resondent No.2 are defendants No.1, 2 and 3 before the trial court. The respondents No.3 to 13 were defendants No.4 to 14 before the trial court. The suit has been contested by defendants No.1 and 2 only, who are appellants herein. The status of parties shall be referred hereinafter in the manner as they were called before the trial court.

3. The relevant facts of the case may be recapitulated as under:

(3.1) Plaintiff filed a civil suit claiming possession and rent of the suit property against the defendants, on 15.11.2002. It has been a

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