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1975 Supreme(Raj) 104

JAIN
Kamal Kant Paliwal – Appellant
Versus
Prakash Devi Paliwal – Respondent


Advocates Appeared:
G.C. Kasliwal and S.M. Mehta, for Appellant; Arun Kumar Bhandari, for Minor Respondent

JAIN, J.—This is a plaintiffs first appeal whose suit for cancellation of trust deed has been dismissed by the District Judge, Jaipur City.

2 This suit is by Kamal Kant Paliwal against his own mother Prakash Devi Paliwal, his maternal uncle Jaidev Sharma and his two minor children Kumari Nidhi and Anurag his son. It has been alleged in the plaint that a plot of land situate at Moti Doongri Road, Jaipur measuring 4085 5 Sq.Yds. was purchased by Smt. Prakash Devi from Urban Improvement Board, Jaipur under a sale deed dated 14-4-52 in the name of Shri Jaidev Sharma, defendant No. 2, for and on behalf of the plaintiff It was stated that the purchase of the plot was Benami and the consideration of the plot was paid by Prakash Devi out of the funds received by the plantiff from his grand-parents, uncles and other relations from time to time. According to the plaintiff his mother suggested to him sometime in the month of January, 1972 that he should execute general power of attorney in favour of his mother and the maternal uncle as to facilitate raising of money from the plot. He agreed. On 12th January, 1972, the trust deed in question was got executed and it was got registered. The plain


























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