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1992 Supreme(Raj) 76

N.K.JAIN
Guiam Rasool – Appellant
Versus
Mariyam – Respondent


Advocates Appeared:
S.D. Rajpurohit, for Petitioner K.C. Samadariya, for Non-petitioners.

Honble N.K. JAIN, J.—This is defendants revision petition directed against the order of learned District Judge, Pali dt. 27.989 in civil original suit no. 32/72.

2. Brief facts of the case are that the plaintiff-non-petitioner no. 1 Mari yam filed a suit on 20.9.72 for declaration and possession of the disputed land Nohra, a well and building situated at Pali against the defendant-non-petitioner no. 2 to 5 and also claimed damages for Rs. 5100/. It was alleged that she purchased the disputed Nohra from the defendant no. 4 Smt. Pani Bai and defendant no. 5 Satya Narain with the consideration of Rs. 25,000/on 30.4. 1971 and the registered deed was executed on 6.5.71 at Jodhpur. The defendant no. 2 expired and his legal representatives no. 3 to 9 were taken on record. During the pendency of the suit, the defendants no. 4 and 5 had sold the disputed Nohra to the defendant no. 6 Gulam Rasool, the present petitioner for Rs. 40,000/ on 29.8. 72 by a registered sale deed, the plaintiff on 25.5.78 sought an amendment to add para no. 5A to the effect that sale is void in favour of defendant no. 6 as the same is hit by doctrine of lispendence. The petitioner was added as defendant no. 6. Durin





















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