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Ratan Lal vs. Rajendra

52.00 5.20

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Code of Civil Procedure, 1908–Order 11, Rules 12 & 14–Dismissal of application–Appreciation of–Suit for eviction and recovery of rent and damage–Petitioner-tenant sought to summon the sale deed dated 22.04.1963 and death certificate of B or the certificate of LRs. of B–Observation of Trial Court that the case does not pertain to a suit for declaration of rights and the issue of ownership cannot be decided–Further observation that the petitioner-defendant challenged the ownership of plaintiff but there is no averment made that he himself is the owner of the suit premises–Furthermore, the sale deed dated 1.05.1995 and gift deed dated 22.11.2013 are the regd. documents and these are sufficient to decide the dispute between the parties–Held, application was rightly dismissed.