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1973 Supreme(Raj) 57

KAN SINGH
Kalyan Singh – Appellant
Versus
Chhoti – Respondent


Advocates Appeared:
P.N. Dutta, for Appellant; D.P. Guppa, R.P. Dave and S.K. Keshote, for Respondents

KAN SINGH, J.—This is a defendants second appeal directed against the appellate judgement of the learned District Judge, Jaipur City, dated 22-1-66 affirming the decree of the learned Civil Judge, Jaipur dated 27-2-63 decreeing the plaintiff-respondents suit declaring that the Bagichi known as Shri Satya Narainji-Ki-Bagichi belongs to the plaintiff-respondent Ganga Ram.

2. The case has a history. There is a Bagichi with a temple of Satya Narainji therein and other appurtenant properties at Jaipur. According to the plaintiff, Ganga Ram, the land over which the Bagichi stands originally belonged to two persons Bhagla and Girdhari. Bhagla and Girdhari had sold this land in Samvat 1932 by a registered sale deed to one Raghunath Brahmin. It was Raghunath Brahmin who constructed the temple of Satya Narainji and had also raised Pucka as well as Kucha construction on the Bagichi. Raghunath was survived by his son Gaurilal. The plaintiff claimed that Gaurilal died issueless, but on Asoj 12 Samvat 1973 Gaurilal had executed a will in favour of the plaintiff Ganga Ram. Thereafter the plaintiff claims to have remained in possession of the Bagichi and the houses thereon and had been performing t













































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