Goverdhan And Others vs Thakur Sajjan Singh
2022 Latest Caselaw 5687 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Second Appeal No.32/2011

Goverdhan And Others
                                                                       ----Appellants
                                     Versus
Thakur Sajjan Singh & Ors.
                                                                     ----Respondents

For Appellant(s) : Mr. M.M. Ranjan, Sr. Advocate assisted by Mr. Aman Pareek For Respondent(s) : Mr. R.K. Agarwal, Sr. Advocate assisted by Mr. Mamoon Khalid

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

22/08/2022

Appellant-defendants have filed this second appeal assailing

the judgment and decree dated 18.08.2010 passed in civil first

appeal No.6/009 by the Court of Additional District Judge (Fast

Track) No.7 Jaipur City, Jaipur whereby and whereunder the

judgment and decree dated 22.07.1998 passed by the trial court

dismissing the civil suit for possession has been quashed and the

suit for possession has been decreed in favour of respondent-

plaintiffs and against appellant-defendants and further gift deed

dated 03.04.1954 (Exhibit-A2) has been declared as null and void.

Having heard counsel for both parties, the matter requires

hearing and is admitted on following substantial question of law:-

"Whether in a suit for possession on the basis of title it was duty of the plaintiff to prove the title and in absence of proof of title whether a decree of possession could have been passed against defendant?"

(2 of 2) [CSA-32/2011]

Since respondents have already put in appearance, no need

to issue notices.

Record has already been summoned.

It appears from record that the stay application has been

dismissed by the Co-ordinate Bench of this Court vide order dated

20.01.2022 before admission of the second appeal. Now, the

second appeal has been admitted and no stay application is on

record.

(SUDESH BANSAL),J

SAURABH/17

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