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1996 Supreme(MP) 224

A.R.TIWARI, N.K.JAIN
R. B. Onkarji Kasturchandji – Appellant
Versus
Suresh Seth – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.C. Bagdiya, Advocate
For Respondents/Defendant:Mr. Z.A. Khan, Advocate

JUDGMENT

A.R. Tiwari, J.

1. The aforesaid two appeals are connected matters as they arise out of the same judgment and decree dated 15.6.1982 rendered by the District Judge, Indore in C.O.S. No. 11-A of 1974. The suit was filed for recovery of damages quantified at Rs. 87,00,000-00 and for perpetual injunction by the appellants-plaintiffs of First Appeal No. 69 of 1982. The Trial Court on evaluation of the evidence passed the decree only for Rs. 7,500-00 in favour of appellant No. 2 (Deokumarsingh Kasliwal); No. 3 (Ajitkumarsingh Kasliwal); and No. 4 (Pradeepkumar - singh Kasliwal) in equal proportion. The remaining part of the suit was dismissed. Against the part of the decree dismissing the suit, the appellant-plaintiffs filed First Appeal No. 69 of 1982; whereas the defendants filed First Appeal No. 59 of 1982 against the part of the decree fixing the liability of Rs. 7,500-00 as noted above.

2. This twenty-two year's old litigation, resting on the linchpin of alienation of JUNA RAJWADA, Indore by Usha Trust to M/s R.B. Onkarji Kasturchand (Plaintiff-appellant No. 1) vide sale-deed dated 19.8.1974 (Ex. P/1) on apparent consideration of 15 lakhs, prone to bruise the sentiments of re

















































































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