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2022 Supreme(Raj) 3012

SUDESH BANSAL
Gyarsi Lal – Appellant
Versus
Gopal – Respondent


Advocates Appeared:
Mr. Rahul Sharma, for the Appellant; Mr. G P Sharma with Mr. M C Gupta, for the Respondent.

JUDGMENT

1. Appellant-plaintiff has preferred this second appeal under Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 18.04.2015 passed in Civil First Appeal No.16/12 (249/07) by the Court of Additional District Judge No.10, Jaipur Metropolitan, Jaipur, affirming the judgment and decree dated 31.07.2007 passed in Civil Suit No.90/07 by the Court of Civil Judge (Junior Division), Jaipur City (West), Jaipur whereby and whereunder the civil suit for permanent injunction instituted by appellant-plaintiff has been dismissed on merits.

2. Heard learned counsel for both parties, perused impugned judgments and scanned the record.

3. It appears from the pleadings of parties that the plaintiff has come out with a case that a peace of land relating to Plot No.6 measuring 1514.23 Sq. yards was allotted to him by Mitra Grah Nirman Cooperative Society Limited, Jaipur and he acquired the ownership and possession of that plot. The plaintiff himself has admitted in the plaint that the possession of his plot was given by him to defendant No.1 Gopal lal for the purpose of establishing and running a lathe machine. Thus, it is undisputed fact as per plaint that plainti

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