Ramdai vs Nanagi Devi - 2023 Supreme(Raj) 1881

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2023 Supreme(Raj) 1881

CHANDRA KUMAR SONGARA
Ramdai – Appellant
Versus
Nanagi Devi – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Mohit Gupta, Advocate.
For the Respondent:Mr. Prakash Chand Thakuriya, Advocate with Mr. Indrajeet Tak, Advocate.

ORDER :

Chandra Kumar Songara, J.

Instant second appeal has been preferred on behalf of the appellants-defendants under section 100 of the CIVIL PROCEDURE CODE , 1908 challenging the judgment and decree dated 24.11.2020 passed by the Court of Additional District Judge, No.1, Alwar (hereinafter referred to as "the Appellate Court"), in Civil Appeal No.18/2016 (CIS No.24/2016) titled as Ramdei and Others v. Smt. Nanagi Devi, whereby the Appellate Court had dismissed the said appeal and affirmed the judgment and decree dated 30.04.2016 passed by the Court of Senior Civil Judge, Alwar, (hereinafter referred to as 'the trial Court'), in Civil Suit No.52/2012 titled as Smt. Nanagi Devi v. Smt. Ramdai and Others.

2. The respondent-plaintiff had instituted a civil suit against the appellants-defendants for specific performance and permanent injunction alleging therein that an agreement to sale dated 02.06.1990, alongwith power-of-attorney, duly witnessed, signed and notarized, was executed in respect of residential Plot No.161 situated at Kabir Colony, Scheme No.6, Alwar, mentioning that the defendant No.1 deceased- Chotelal was the owner of the said plot-in-dispute and he had entered into an