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2015 Supreme(MP) 487

ROHIT ARYA
Govindprasad – Appellant
Versus
Kamalpasha – Respondent


Advocates Appeared:
For the Petitioner:R.D. Agrawal, Advocate.

JUDGMENT :

Rohit Arya, J.

1. Heard on the question of admission.

2. The instant appeal by appellant/plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 17/03/2008 passed by Additional District Judge Ganjbasoda, District Vidisha (M.P.) in Civil Appeal No. 16-A/2007; confirming the judgment and decree dated 27/2/2007 passed by First Civil Judge, Class-II, Basoda in Civil Suit No. 2-A/2006. By the aforesaid judgment, the plaintiff's suit for declaration and permanent injunction has been dismissed.

3. Facts as pleaded in the plaint and on record for the purposes of disposal of this appeal are to the effect that in respect of suit land; an agricultural land, plaintiff claimed to have entered an agreement to sale with Barelal and Shriram S/o Ganeshram Kanchi of village Biskawali. Rs. 1,000/- as part of consideration of sale was paid on 26/4/1986 and remaining consideration was paid on 1/5/1988 on which date agreement to sale was executed and possession was delivered. Thereafter, plaintiff has been in continuous, peaceful and uninterrupted possession of the suit land. Behind the back of plaintiff, Barelal and Shriram have transferred the suit lan










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