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2011 Supreme(MP) 1268

N.K.MODY
Man Kha S/o Ashraf Kha – Appellant
Versus
Mohanlal S/o Lalaram Yadav – Respondent


Advocates Appeared:
For petitioner: Umesh Gajankush
For respondents: S. R. Saraf

JUDGMENT :

Being aggrieved by the order dated 5-1-2011 passed by Civil Judge, Class-I, Kannod in Civil Suit No. 11 -A/08 whereby upon objection raised by the respondents the document Ex.D/2 was held inadmissible in evidence, present petition has been filed.

2. Short facts of the case are that the respondents filed a suit for possession and mesne profit of an agricultural land alleging that the respondents are owner of the suit property and the suit property was given to the petitioner for one year. The suit was contested by the petitioner on the ground that the father of the petitioner was owner of the suit property who sold the suit property to the respondents in lieu of loan, but actual possession was not given to the respondents. It was further alleged that vide agreement dated 28-7-2004 predecessor in title of respondents deceased Lalaram Yadav entered into an agreement to sell the suit property to the petitioner for a consideration of Rs. 1,10,000/- and the petitioners remained throughout in possession of the suit property. It was prayed that the suit be dismissed. After framing of issues at the stage of evidence two documents i.e. agreement and affidavit which were alleged to h






























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