G.S.AHLUWALIYA
Komesh – Appellant
Versus
Shashi – Respondent
JUDGMENT :
Gurpal Singh Ahluwalia, J.
1. Heard on the question of admission.
2. This Second Appeal under Section 100 of Civil Procedure Code has been filed against the Judgment and Decree dated 27-9-2018 passed by VIIth ADJ, Gwalior in Regular Civil Appeal No. 4A/2015 arising out of Judgment and Decree dated 28-4-2015 passed by IXth Civil Judge, Class II, Gwalior in Civil Suit No. 19A/2013, by which the suit filed by the appellant has been dismissed.
3. The necessary facts for disposal of the present appeal in short are that the appellant filed a civil suit for declaration of title, permanent injunction as well as for declaration of Sale deed dated 23-3-2006 as null and void.
4. It is her case that the property mentioned in para 1 of the Plaint is the property belonging to the ownership and in possession of the appellant. It is her case that after purchasing the property, the appellant has constructed a house and her name is also mutated in the revenue records. The property mentioned in para 1 of the plaint has following boundaries:
West - House of Naruddin
North - House of Babulal
South - House of Deegaran
5. Kalabai and Puniabai were the joint owners of the property. Pun
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