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2022 Supreme(Raj) 2996

SUDESH BANSAL
Yusuf Son Of Hussain – Appellant
Versus
Gulam Kadir Son of Ramatullah – Respondent


Advocates Appeared:
Mr. Rahul Sharma, for the Appellant; Mr. Amit Singh Shekhawat, for the Respondent

JUDGMENT

1. Petitioner-plaintiff has preferred this revision petition within the scope of Section 115 of Civil Procedure Code challenging the judgment and decree dated 07.07.2010 in Civil Suit No.79/2008 passed by Additional District judge (Fast Track) No.1, Jhunjhunu whereby and whereunder his civil suit for possession filed invoking the scope of Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as, ’the Act’) has been dismissed.

2. Heard counsel for both parties and perused the impugned judgment and record.

3. Briefly stated facts of case are that plaintiff instituted present civil suit stating therein that a piece of land was purchased through registered sale deed dated 09.11.1971 from one Abdul Jabbar and constructed shop thereupon. It was pleaded by plaintiff that he carried out his business of scrapper in shop No.56 from 1971 to 1982 and thereafter shifted his business in another shop No.50, situated in the same market, however shop No.56 remained in continuous possession of plaintiff. Plaintiff has pleaded that on 09.04.2008, defendant Nos.1 and 2 have entered into possession of the shop No.56 and dispossessed the plaintiff unauthorizedly. Hence the present su

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