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2006 Supreme(Raj) 2153

R.S.CHAUHAN
Niranjan Lal – Appellant
Versus
U. I. T. , Alwar – Respondent


Advocates Appeared:
Ashok Gaur, for Appellant S.N. Gupta, Dy. G.A.

Honble CHAUHAN, J.–Running from court to court for almost thirty years, trying to save his four shops and two staircases, the appellant has challenged the order dated 18.9.1998 passed by the Additional District Judge, No. 2, Alwar whereby the learned Judge has accepted the appeal against the judgment and decree dated 30.9.1993 passed by the Additional Munsif and Judicial Magistrate No. 3 and has remanded the case back to the learned trial Court. The appellant as the plaintiff in the case is, hence, forced to face a de novo trial even after the lapse of almost thirty years. His ordeal is unending, his patience is frayed, his faith in the judiciary is shaken.

(2). The brief facts of the case are that on 21.3.1977, the appellant-plaintiff, Niranjan Lal, had filed a suit for declaration and perpetual injunction against the U.I.T. In the plaint, the appellant had pleaded that plot of land measuring 30 x 120 situated at Station Road, Mangal Marg. Alwar was originally owned by one Shiv Lal Singh, a ``Jagirdar. On 8.2.1956 one Heera Lal Saini purchased the said plot from Shiv Lal Singh by a registered sale deed. Subsequently, on 4.1.1962 Heera Lal sold the said property, through a registere










































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