NORAT MAL KUMHAR BALING Vs. BHANWAR LAL KUMHAR (SINCE DECEASED)
LAWS(RAJ)-2018-5-55
HIGH COURT OF RAJASTHAN
Decided on May 02,2018

Norat Mal Kumhar Baling Appellant
VERSUS
Bhanwar Lal Kumhar (Since Deceased) Respondents

JUDGEMENT

PRAKASH GUPTA,J. - (1.) This second appeal is directed against the judgment and decree dated 15.09.2015 passed by Additional District and Sessions Judge, Kishangarh District, Ajmer whereby the appeal filed by the appellant-plaintiff was dismissed and judgment and decree dated 18.03.2011 passed by Civil Judge (Junior Division), Kishangarh, Ajmer, in Civil Suit No. 20/2008 was confirmed.
(2.) Brief facts giving rise to this appeal are that a suit for possession on the basis of title was filed by the appellant-plaintiff wherein it was pleaded that the suit property was purchased by the father of the appellant-plaintiff through a registered sale deed dated 11.12.1947. The defendant forcibly took the possession of the suit property on 17.05.2000, therefore, the plaintiff is entitled to get the possession over the suit property.
(3.) The defendant resisted the suit by filing written statement wherein it is stated that plaintiff is not the owner of the suit property. On the contrary, the defendant is in possession since the time of his forefathers.;


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