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2022 Supreme(All) 1350

SARAL SRIVASTAVA
Urmila Devi – Appellant
Versus
Rajendra Pal Tayal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Amitabh Agarwal, Kiran Kumar Arora, Siddharth Singh.
For the Respondent: Ramesh Upadhyay, A.A. Khan, Mohd. Saleem Khan, Swetashwa Agarwal.

JUDGMENT :

SARAL SRIVASTAVA, J.

1. Heard learned counsel for the appellant and learned counsel for the respondents.

2. The present appeal is directed against the order dated 25.04.2014 passed by the Additional Civil Judge (S.D.) Court No. 2, Bulandshahar whereby the issue no. 7 in Original Suit No. 1285 of 2008 instituted by the plaintiff/appellant has been decided against the plaintiff/appellant and trial court has directed the plaintiff/appellant to pay court fees ad-valorem.

3. The plaintiff/appellant has instituted Original Suit No. 1285 of 2008 contending inter-alia that the suit property has been purchased by the plaintiff/appellant by registered sale deed dated 24.08.1966 on which a pottery business in the name of M/s Tayal Pottery was run by the plaintiff/appellant and defendant/respondent no. 1 Rajendra Pal Tayal. Subsequently, Tayal Pottery was dissolved with the consent of the plaintiff/appellant and defendant/respondent Rajendra Pal Tayal (since deceased). It is further pleaded in the plaint that a loan was taken from the U.P. Financial Corporation, Kanpur (hereinafter referred to as U.P.F.C.) by M/s Tayal Pottery which was repaid on 13.06.2007 and after discharge of loan,

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