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1998 Supreme(MP) 279

FAKHRUDDIN, S.K.DUBEY
HAZARI LAL – Appellant
Versus
JUGAL KISHORE – Respondent


Advocates Appeared:
A.K.Shrivastava, K.K.LAHRI

( 1 ) THIS is a defendant's second appeal against the judgment and decree, dated 10-1-1994, passed in Civil Appeal No. 77-A/88 by Additional District Judge, Guna, affirming the judgment and decree, dated 27-7-1987 passed in Civil Suit No. 283-A of 1986 by Civil Judge, Class I, Guna.

( 2 ) THE facts giving rise to this appeal are thus: The plaintiffs/respondents No. 1 and 2 instituted a civil suit on 26-11-1982 for declaration, possession and mesne profits at the rate of Rs. 10/- per month for the date of institution of the suit on the averments that the suit property consisting of 30 x 30 a small Kachcha house thereon situate in village Dhaneriya, Tahsil and District Guna, shown in the map annexed with the plaint was purchased by their father Laxmi Narayan in the presence of their grandfather, in an auction held by Gram Panchayat. After the death of Laxmi Narayan, the defendant No. 1 the mother of the plaintiffs entered into an agreement to sell Ex. D. 1 on 8-12-1977 for consideration of Rs. 370/- with the defendant No. 3 (the appellant herein ). The suit property was ancestral property of which the plaintiffs (the respondents No. 1 and 2), the defendant No. 1, and the defendant No
















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