SHANTI Vs. RAKHLAL

JUDGEMENT

(1.) HEARD learned counsel for the plaintiff appellant.

(2.) THIS is the second appeal under Section 100 CPC filed by the plaintiff appellant against the judgment and decree dated 24th November, 2011 passed by Civil Judge (Jr.Div.), Khandar District Sawai Madhopur in civil suit no.146/1996 wherein the civil suit filed by the plaintiff appellant for setting aside the sale document dated 19th August, 1994 in favour of defendant no.1 Rakhlal in respect of the disputed land measuring 32x40 feet, declaration, permanent injunction and for specific performance has been dismissed and the counter claim of the defendant-respondents has been allowed which has been up held by the Additional District Judge (Fast Track), Sawai Madhopur vide judgment and decree dated 4th August, 2011 passed in Civil Appeal No.268/09 (69/2001).

(3.) IN defence the defendants examined DW.1 Rakhlal, DW.2 Saligram, DW.3 Ram Bharos and DW.4 Nati. IN documentary evidence the defendants got exhibited Ex.D.1 Jamabandi, Ex.D.2 Khasra Girdawari, Ex.D.3 Gift Deed, Ex.D.4 Gift Deed in favour of Nati, Ex.D.5 Gift Deed, Ex.D.6 copy of charge-sheet, PS Khandar, Ex.D.7 site plan, Ex.D.8 Order sheet dated 13.6.95, Ex.D.9 Xerox copy of complaint, Ex.D.10 certified copy of the plaint filed in the court of ACM, Ex.D.11 Photo copy of the order-sheet of case No.51/95 filed in the court of ACM, Sawai Madhopur and Ex.D.12 certified copy of plaint.