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1998 Supreme(All) 388

R.N.RAY
BRIJESH KUMAR MAHRAJ – Appellant
Versus
BRIJ SUNDER LAL – Respondent


Advocates Appeared:
G.N.Sharma, K.N.TRIPATHI, M.C.JOSHI, N.K.SHARMA, Rajeshwar Tewari, V.K.AGRAWAL

R. N. RAY, J.

( 1 ) PLAINTIFF-APPELLANT has filed this appeal being aggrieved by the Judgment and decree passed in civil Appeal No. 205 of 1977 by Shri Shital Singh, Additional Civil Judge, Mathura on 20. 8. 1981 and that appeal arose out of O. S. No. 504/69.

( 2 ) PLAINTIFF has filed suit for khas possession basing his claim on a gift made by one Purshottam das to Smt. Kamlawati Bahuji on 26. 1. 1989 who happens to be the nati of Smt. Kamlawati sahuji. It was asserted by the plaintiff that Purshottam Das son of Keshav Das was the owner of the property althrough and he executed a gift deed dated 26. 1. 1989 in respect of the suit property and other properties to Smt. Kamlawati Bahuji who entered Into possession in pursuant to that deed. The defendants claimed that property in suit was gifted by one employee of Thakur dwarkadish Ji in favour of the defendant No. 1. The defendant No. 2 executed a deed in favour of defendant No. 1 who was an employee of Thakur Dwarkadish Ji. The defendant No. 1 asserted title by virtue of adverse possession. The defendant further claimed that the suit property did not tally to schedule of gift deed made by Purshottam Das in favour of Smt. Kamlawati Ba












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