Advocates:
['C K GARG', 'G K GARG', 'B P AGARWAL', 'R P AGARWAL']

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

JUDGMENT

IN

S.B. Civil Second Appeal No.165/1984

Gopal S/o Shri Ramjilal

...defendant-appellant

Versus

Raghuveer S/o Shri Parsadi

...plaintiff-respondent

Date of Judgment ::: 18^th of August, 2006

PRESENT

HON’BLE MR. JUSTICE NARENDRA KUMAR JAIN

Shri G.K. Garg with

Mrs. Sangeeta Sharma for defendant-appellant

Shri R.P. Agarwal for

Shri B.P. Agarwal for the plaintiff-respondent

####

By the Court:-

The defendant-appellant has filed this second

appeal under Section 100 of the Code of Civil Procedure

(for short, 'the C.P.C.') against the judgment and decree

dated 18.4.1984 passed by the Additional District Judge

No.1, Bharatpur, whereby he dismissed the appeal of the

defendant-appellant and affirmed the judgment and decree

dated 11.1.1983 passed by the

Munsiff

& Judicial

Magistrate, Weir, District Bharatpur, in Civil Suit

No.56/1976, whereby the suit of the plaintiff-respondent

for declaration and permanent injunction was decreed.

This court, while admitting the second appeal on 7^th

of August, 1984, formulated the following questions of

law:-

“1. Because the lea