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2024 Supreme(Raj) 278

REKHA BORANA
Dev Kishan – Appellant
Versus
Kamla Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajeev Purohit
For the Respondent: Mr. C.P. Soni

ORDER :

1. The present revision petitions have been preferred against the judgment and decree dated 15.01.2004 passed by the Civil Judge (Senior Division) Phalodi, District Jodhpur in Civil Regular Suit No.95/1999 and Civil Regular Suit No.94/1999 respectively whereby the suits as preferred by the plaintiff under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act of 1963') for recovery of possession and permanent injunction have been dismissed. The facts of both the revisions being identical, both are decided by this common order.

2. Brief facts of the case are that on 24.09.1999, plaintiff Dev Kishan preferred suit under Section 6 of the Act of 1963 with the submission that the property in question was purchased by Heeralal, father of the plaintiff from Vijayraj vide registered sale deed dated 18.09.1972 who inter alia purchased the same from Shri Gopal vide sale deed dated 14.11.1943. Since the date of the said purchase, Heeralal and subsequently, the legal representatives of Heeralal including the plaintiff were in possession of the property in question.

3. The dispute subsequently arose between Shri Gopal and Heeralal and a suit was preferred in the ye

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