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2011 Supreme(MP) 719

A.K.SHRIVASTAVA
Babulal (dead) through L. Rs. Smt. Krishnabai – Appellant
Versus
Kalooram – Respondent


Advocates:
lehj vBkoys vihykFkhZ dh vksj ls( ,-,l- xxZ vkfnR; xxZ lfgr izR;FkhZx.k Ø- 1 ls 5 dh vksj ls( izeksn feBk] ljdkjh vf/koDrk izR;FkhZ dz- 6@jkT; dh vksj lsA
Sameer Athawale for appellant; A.S. Garg with Aditya Garg for respondents No. 1 to 5; Pramod Mitha, Govt. Advocate for respondent No. 6/State.

JUDGMENT

1. The plaintiff has taken the shelter of this Court by filing his second appeal under section 100 CPC against the judgment of reversal passed by learned First Appellate Court since the suit which was decreed by learned Trial Court has been reversed by the said Court.

2. The facts necessary for disposal of this second appeal lie in narrow compass. A suit was filed by plaintiff for restoration of possession on the basis of title as well as for cancellation of sale deed executed by defendant No. 1 Kaluram in favour of defendants No. 2 to 4 and further it be declared that the order passed by the Revenue Court in case No. 7A/46-88-89 decided on 7.9.1989 is not binding on plaintiffs.

3. According to the plaintiff, the suit property is agricultural land, the description whereof has been mentioned in the plaint. The suit property was being possessed by him till 1988-89. However, in the year 1989 the plaintiff gave the suit land to defendant No. 1 who is his real brother to cultivate it and it was agreed between the parties that whenever the plaintiff will ask to deliver the possession, the defendant No. 1 Kaluram will deliver the possession to him. Since the plaintiff and defendant























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