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JR CPCT INSTITUTE, TIKAMGARH (M.P.) || ✤ MPHC-Junior Judicial Assistant 2024 ✤ || JJA की तैयारी के लिए हमारे Group से जुड़ने के लिए अपना नाम और सिटी का नाम इस नंबर पर व्हाट्सएप करें: 8871259263
created Oct 13th, 07:03 by entertainmentBabaji
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Briefly, the grounds of appeal are that the Hon'ble trial court has neglected to study the revenue documents presented by the appellant and the evidence adduced in respect of them. The claim was rejected on the basis of the suit filed earlier by the appellant, whereas the appellant had earlier sought relief only for a permanent injunction. Despite this, the trial court has committed a legal error by considering the earlier suit as a suit for possession and bound by the principle of prior justice. The appellant has presented evidence regarding performing puja, prayers and religious events in the temple of Ramchandra Ji Maharaj as Sarvarahakar, which was not paid any attention by the trial court. Respondent No. 1 and 2 had only submitted a counter-claim and no evidence was recorded in support of it and the remaining respondents were unilateral, but the trial court has committed a legal error by rejecting the claim of the appellant on the basis of the counter-claim of the defendants. Despite the respondents not submitting copies of the previous judgment and appeal, the trial court has arbitrarily given its opinion and dismissed the suit, which is illegal.Therefore, the judgment and decree passed by the learned trial court are contrary to law and facts and cannot be sustained, which may be set aside.It has been argued on behalf of the respondents that the judgment declared by the learned trial court is in accordance with the law. Therefore, a prayer has been made by them to dismiss the appeal on the above grounds. Babu Lal states that the disputed land situated in village and tehsil benami district benami was the land owned and possessed by his father Lochan Lal. The said disputed land is registered in the name of Lochan Lal father Darwari Lal in the revenue records and is his ancestral land, on which his ancestors had built a private temple of Lord Shri Ramchandra Ji, which is about 200 years old, on which a concrete well is also built in some vacant land. His father and his ancestors had been worshipping the said temple and the crops were irrigated from the cemented well.
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