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2018 Supreme(Online)(Chh) 670

IN THE HIGH COURT OF CHHATTISGARH
Sanjay K. Agrawal, J
Manju Goyal and Others v. Santosh Gupta


Advocates:
For the Appellants/Petitioners: G. K. Verma, R. C. Soni
For the Respondents: B. L. Verma

Table of Content
1. background of the possession dispute and alleged fraudulent actions. (Para 1 , 2)
2. evaluation of evidence and transaction nature discussed. (Para 5 , 6 , 10 , 11)
3. arguments presented by the plaintiff and defendants regarding the sale and loan. (Para 8 , 9)
4. court's final observations regarding the outcome of evidence and claims. (Para 19 , 20)
5. conclusion on the validity of the sale agreement and dismissal of the suit. (Para 22)

1. This First Appeal arises out of judgment and decree dated 11th May, 2007 passed by the Additional District Judge, Pendraroad, District - Bilaspur in Civil Suit No.22 - A / 2006 by which the respondent - plaintiff's suit for recovery of possession and permanent injunction has been decreed in his favour and against the appellants - defendant. By the impugned judgment and decree, the agreement dated 9.10.2004 has been declared void and illegal and appellants - defendant is directed to handover the possession of the house in dispute to the plaintiff. Learned trial Court has also granted decree of permanent injunction in favour of plaintiff and against the defendants restraining the appellants - defendant from interfering with the posse

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