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2017 Supreme(MP) 862

RAJENDRA MAHAJAN
Arjundas (Dead) through L. R. Lekhraj Rawal – Appellant
Versus
Kapil Udyog Through Satya Prakash Mehrotra (Dead) through LRs. Smt. Savitri Mehra – Respondent


Advocates:
V.K. Bhardwaj, Senior Advocate with Rohit Batham for appellant;
Anmol Khedkar for respondent No.1

JUDGMENT

1. The plaintiff No.1 appellant has filed this first appeal under section 96 rw Order 41 rule 1 of the Code of Civil Procedure against the judgment and decree dated 20.3.2003 passed by the Third Additional District Judge Gwalior in Civil Suit No. 137A of 1994, whereby, the civil suit for recovery of possession and arrears of license fee has been dismissed with costs.

2. The case of the plaintiff's before the trial Court, in short, is that they are owner of a parcel of land measuring 30 ft.X166.5 ft. total area 4995 sq.ft (for short `the suit land') located in Kishan Bagh Bahodapur Gwalior. The suit land adjoins with other agricultural lands of their ownership, the details of which are given in para 1 of the plaint. The map of suit land with the directions is also attached with the plaint. On 6.7.1988, they had given the suit land to defendant Satya Prakash on license on the license fee of Rs.1,500/- (Fifteen hundreds) per month for the use of his industry known as Kapil Udyog for a period of 11 months with other terms and conditions. On that day, he had given them Rs.5,000/- (five thousand) in advance towards license fee. In this respect, an agreement is executed between pl





















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