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2013 Supreme(MP) 116

A.K.SHRIVASTAVA
Dinesh Jain – Appellant
Versus
Jeewanlal Lala Ram Brahmin – Respondent


JUDGMENT :

This appeal under Section 96, CPC has been filed by 8th and 9th defendants feeling aggrieved by the judgment and decree dated 24-7-1995 passed by learned 3rd additional Judge to the Court of District Judge, Sagar in Civil Suit No. 90-A/1991 thereby partly decreeing the suit of the plaintiffs.

2. The plaintiffs respondents, namely, Jeewanlal, Shaligram and Bhagwatibai have also filed cross-objections praying to decree the suit in toto. During the pendency of the suit second and third plaintiffs (respondents 2 and 3) have died. The respondents 2(a) to (d) are the L. Rs. of second respondent and they were brought on record on 30-9-2011 while the name of third respondent-plaintiff was deleted from the cause title as per order dated 15-4-2009.

3. A suit for declaration that the plaintiffs are the owner of the entire suit house, the description whereof has been given in para 3 of the plaint and further that defendants 1 to 7 are not having any right, title and interest in the suit house therefore, the sale-deed dated 22-12-1989 executed by them in favour of defendants 8 and 9 (appellants herein) is ineffective and by virtue of the said deed the defendants 8 and 9 did not acquire


























































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