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2019 Supreme(MP) 540

G.S.AHLUWALIA
Sarnam Singh – Appellant
Versus
Gurmej Singh – Respondent


Advocates:
Advocate Appeared:
K.S. Tomar, Senior Counsel with Sanjay Singh Tomar

JUDGMENT :

Shri K.S. Tomar, Senior Counsel with Shri Sanjay Singh Tomar, counsel for the appellants.

2. This appeal has been filed by the appellants, Sarnam Singh and Gurmeet Singh under section 100 of Civil Procedure Code against the judgment and decree dated 21st January, 2011 passed by First Additional District Judge, Dabra, District Gwalior in Civil Appeal No. 21A of 2010, by which the Appellate Court has reversed the judgment and decree dated 28th April, 2010 passed by Civil Judge, Class-I, Bhitarwar, District Gwalior in Civil Suit No. 61 of 2005, by which the suit filed by the plaintiffs was decreed.

3. The present appeal has been admitted on the following substantial questions of law :—

    “i. Whether learned lower Appellate Court has erred in reversing the judgment and decree passed by the trial Court without considering the reasons given by the trial Court in favour of plaintiffs ?

ii. Whether lower Appellate Court has failed to consider the effect of absence of counter claim for cancellation of sale deed of appellants in presuming their possession over the suit land?”

4. The necessary facts for disposal of the present appeal in short are that a suit for declaration of title and p

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