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2014 Supreme(All) 3416

RAM SURAT RAM (MAURYA)
Yogendra Kumar Saini – Appellant
Versus
Mahesh Kumar Tayal – Respondent


Advocates Appeared:
For the Appellant : Nipun Singh

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri Nipun Singh, Counsel for the revisionist. This revision has been filed from the order of Civil Judge (Senior Division) Kairana, Muzaffarnagar, dated 23.5.2014 passed in Suit No. 416 of 2012, rejecting the application (27-C) of the revisionist for direction to the plaintiff to supply Court Fee in the suit on the valuation of  Rs. 20 lac.

2. Mahesh Kumar Tayal filed a suit (registered as Suit No. 416 of 2012) for declaring the sale-deed dated 7.9.2012, allegedly executed by him in favour of the defendant as null and void and for permanent injunction restraining the defendant from making any alteration and demolition in the property in dispute. The plaint case was that the suit property was ancestral property of the plaintiff and fell in his share in private partition between his brothers. After partition, the plaintiff constructed three shop and stair case at ground floor and residential accommodation at first floor and is residing in it. In one shop at first floor the plaintiff is doing business and one shop was let out to one Intzar son of Natthu. Third shop was let out to the defendant Yogendra Kumar Tyagi and his brother Sushil Kumar







































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