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ASHOK KUMAR JAIN
Narayan Singh, S/o. Shri Ganga Singh – Appellant
Versus
Rawal Rajeshwar Singh, S/o Maharwal Sangram Singh (deceased) – Respondent
JUDGMENT :
(Ashok Kumar Jain, J.) :
1. Instant second appeal is preferred by appellants-defendants aggrieved from dismissal of Civil Regular Appeal No.27/2006 (127/2001) by learned Additional District Judge (Fast Track) No.7, Jaipur City, Jaipur, on dated 21.07.2010 and affirming the judgment and decree dated 21.03.2001 in Civil Suit No.86/1979.
2. The facts giving rise to the instant second appeal are that, the original-plaintiff-Rawal Rajeshwar Singh, Smt. Roopraj Laxmi with two minor plaintiffs-Raghvendra Singh and Yadvendra Singh had filed a suit for occupation, dispossession and mesne profit against Narayan Singh on 06.04.1979 indicating that defendant-Narayan Singh was provided with the premises mentioned in para no.2 of the plaint on license, as an employee of the plaintiff but when he was asked to work at Samod, District Jaipur then he did not return to duty from 01.06.1976 onwards. As a result his services were terminated from 01.09.1976 and the license was also terminated, therefore, a notice dated 03.01.1977 was served for handing over possession of the suit property and also demanding for mesne profit.
3. The original defendant has denied that due to his employment, the p
A second appeal under Section 100 CPC cannot challenge concurrent factual findings unless substantial questions of law are presented.
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The main legal point established in the judgment is that a claim of adverse possession and ownership based on an oral gift must be substantiated with clear evidence, and the burden of proof lies with....
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
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