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Narsingh Kumar Purohit vs. Ratanlal & Ors.

46.00 4.60

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Rajasthan Rent Control Act, 2001–Sec. 18–Code of Civil Procedure, 1908–Order 7, Rule 11–Applicability of provisions of Sec. 18 in the suit based on the adverse possession–Earlier, the eviction petition was decided against the brother of appellant-plaintiff which has become final–Brother of appellant furnished the undertaking that he shall hand-over the vacant possession of property–It cannot be said that the appellant-plaintiff was not having the knowledge of earlier proceedings–Further, in the proceedings of eviction, his brother admitted that the plaintiff-appellant was not in possession of the property–Therefore, the question of adverse possession of plaintiff-appellant cannot arise in any situation–Plaintiff’s suit was rightly rejected under the provisions of Order 7, Rule 11.