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2023 Supreme(MP) 42

G. S. AHLUWALIA
Manish Tiwari – Appellant
Versus
Savita Tiwari – Respondent


Advocates:
P.C. Paliwal for appellant; Ankit Subhash Nema for legal representatives of respondent No. 1

JUDGMENT

1. This second appeal, under section 100 of CPC, has been filed against the judgment and decree dated 11.12.2018 passed by First Additional District Judge, Narsinghpur in Civil Appeal No.19/2018, arising out of the judgment and decree dated 27.2.2018 passed by the Fifth Civil Judge, Class-II, Narsinghpur in Regular Civil Suit No.9-A/2015.

2. The appellant is the plaintiff, who had filed the suit for declaration of title, permanent injunction as well as the amendment in the revenue record dated 20.5.2013 passed by the Tahsildar, Narsinghpur as null and void. The appellant has lost his case from both the Courts below.

3. According to the plaintiff, the disputed land is Khasra No.89/3, area 0.841 hectares, Khasra No.125/2, 127/2, area 1.035 hectares, situated in Narsinghpur, District Narsinghpur is the disputed property.

4. It is the case of the plaintiff that he is in possession of the disputed property for the last 15-16 years. The property in dispute was the self-acquired property of his father late Shri Suresh Narayan Tiwari. Since the plaintiff had looked after his father for 10 long years and had spent Rs.2,00,000/- lacs on his treatment, therefore, on 20.6.2012 the father

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