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HIGH COURT OF MADHYA PRADESH
G. S. AHLUWALIA, J
DAYARAM – Appellant
Versus
SMT. HAJARI AND OTHERS – Respondent
| Table of Content |
|---|
| 1. disputed ownership through different sale deeds. (Para 3 , 4 , 5) |
| 2. burden of proof lies with the plaintiff to establish the validity of the sale deed. (Para 8 , 10 , 12) |
| 3. old documents require formal proof if challenged, presumption does not suffice. (Para 14 , 15 , 16) |
| 4. court upheld lower courts' findings and dismissed the appeal. (Para 20 , 21) |
ORDER
The second appeal under section 100 of CPC has been filed against the judgement and decree dated 10/4/2008 passed by Additional Judge to the Court of First Additional District Judge Datia in RCA No.8A/2007 as well as judgement and decree dated 30/11/2006 passed by Second Civil Judge Class II, Datia in Civil Suit No.109A/2005.
2. The appellant is the plaintiff who has lost his case from both the courts below.
3. The facts necessary for disposal of the present appeal in short are that khasra number 15, 16, 49, 50 and 54, as mentioned in the schedule A to the plaint situated in village Thakurpura, tehsil and district Datia is the disputed property. It is the case of the plaintiff that Latkari widow of Chature who was the resident of village Thakurpura, tehsil and district Datia was the owner of the property who has alr
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