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1968 Supreme(Raj) 44

SHINGHAL
Laxmichand – Appellant
Versus
Chainmal – Respondent


Advocates Appeared:
R.K. Rastogi, for Appellants; C.L. Agarwal, for Respondents

SHINGHAL, J.—-By this judgment dated January 21, 1961 the Civil Judge of Sirohi has allowed the appeal of defendant Chainmal and dismissed the suit of the plaintiffs, and that has given rise to the present second appeal.

2. Even though the suit in the present case was instituted on July 22, 1958, the parties have been fighting for their respective claims for a period of over 20 years. The reason is that while the plaintiffs have made the claim that their father Jalamchand purchased the suit land bearing survey No. 1990, and the other piece of land bearing survey No. 1939, in Sirohi town, from Samarthmal, father of defendants Lakhpatraj, Dalpatraj and Sajjanraj by sale-deed Ex. 1 dated July 22, 1946, and took possession thereunder, defendant Chainmal has been resisting the claim to the suit land (No. 1990) on the ground that it belonged to his ancestor Dhanna Ramji under "sanad" Ex. A5 dated July 25,1897. The dispute arose because after purchasing the land from Samarthmal, Jalamchand filed an application the same day for the issue of a "sanad" in accordance with the provisions of the Sirohi State Building Sites Sanad Rules, 1935. A notice inviting objections was therefore issued in t














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