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2022 Supreme(Raj) 1348

SUDESH BANSAL
Tej Singh Adopted – Appellant
Versus
Kapoor Chand – Respondent


Advocates appeared:
Mr. B.M. Sharma, for the Appellant
Mr. Sukhdev Singh Solanki, for the Respondent.

JUDGMENT

1. Appellant-defendant has preferred this second appeal under Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 21.1.2017 passed by Additional District and Sessions Judge No.2, Bayana Camp Roopwas in appeal No. (20/2016) (7/2007) 1/2017, affirming the judgment and decree dated 19.1.2007 passed by Civil Judge (Junior Division) and Judicial Magistrate, Roopwas in civil suit No.78/1999 whereby civil suit for possession and permanent injunction filed by respondent- plaintiff has been decreed in his favour and against appellant- defendant on merits.

2. Heard counsel for both parties and perused the impugned judgments and record as a whole.

3. The relevant facts as culled out from the record are that the dispute between parties is in relation to a plot measuring 56X65 feet situated in Village Panduri, Tehsil Roopwas, District Bharatpur. Plaintiff instituted civil suit for possession on 23.10.1999 stating that the aforesaid plot was belonging to his predecessors namely Chhidi Lal and he was having his actual continuous and physical possession over this plot. It was stated that his predecessor Chhidi Lal obtained permission from the concerned Gram

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