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2023 Supreme(MP) 451

G. S. AHLUWALIA
Tejal – Appellant
Versus
Pragyanand – Respondent


Advocates Appeared:
Akhil Singh, Advocate, Rakesh Kumar Kesharwani, Advocate

JUDGMENT

1. This second appeal under Sec. 100 of CPC has been filed against the judgment and decree passed by the Additional District Judge, Beohari, District Shahdol to the Court of District Judge Beohari in RCA No.42/2019 arising out judgment and decree dtd. 29/11/2019 passed by the Civil Judge, Class-1, Beohari, District Shahdol in RCS No.36-A/2017.

2. The appellants are the defendants who have lost their case before the First Appellate Court.

3. Facts necessary for disposal of the present appeal in short, are that the plaintiff filed a suit on the ground that the plaintiff and defendants are the real brothers. Defendant No.2/appellant No.2 is a Sarpanch and has a protection of local politician and therefore, he is creating dispute. The plaintiff has purchased the land in dispute from the defendant No.1 by registered sale deed dtd. 30/12/2008 for a consideration of Rs.60, 000.00 and thereafter he constructed a boundary wall. He is in possession of the same from the date of execution of sale deed. The name of the plaintiff was also mutated accordingly. On 26/6/2017 when the plaintiff started raising construction on the said plot, then the defendant No.1 came on the spot and forcib

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