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2013 Supreme(MP) 1373

ROHIT ARYA
Arun Kumar Sharma – Appellant
Versus
Rajendra – Respondent


Advocates Appeared:
For the Appellant/Petitioner/Plaintiff:Shri P.C. Chandil, Advocate
For the Respondents/Defendant:Shri N.K. Gupta, Advocate Respondent No. 1

JUDGMENT :

Rohit Arya, J.

1. The instant appeal by the plaintiff/appellant is directed against the concurrent judgment dated 12.03.2007 passed in Civil Appeal No. 18-A/2006 confirming the judgment and decree dated 01.02.2003 passed in Civil Suit No. 87-A/2001 dismissing the Suit. Facts necessary for disposal of this appeal as per plaint allegation are that the subject matter of Suit; an agricultural land admeasuring 1 bigha and 3 biswas falling in Survey No. 7, village Pahargarh, Tehsil Jaura, district Morena. According to plaintiff, defendants Jagannath, Mahila Soni and Mahila Ramdevi are brother and sisters and Suit property is of their ownership. Ramdevi and Soni had abandoned their share and had given it to brother Jagannath. As a measure of formality only their names are registered in the revenue records. According to the plaint allegations, Jagannath had taken loan of Rs. 40,000/- from the plaintiff Arun Kumar Sharma and had executed an agreement on 14.02.1994. He had handed over the possession of the Suit land. As per their agreement if Jagannath had returned the money within ten years, he would get back the possession of the land, otherwise he should execute the sale deed in









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