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    जय कृष्णा पाण्डेय
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    4TH PAPER CJ MAINS-2017

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    22 views12 pages

    4TH Paper CJ Mains-2017

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    जय कृष्णा पाण्डेय

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    M.P. JUDICIAL SERVICE (CIVIL JUDGE) MAIN EXAMINATION - 2017 argrries/Roll No. I aa vet ot wer: 4 yfea yet a) deem 12 Total No. of Questions : 4 No. of Printed Pages : 12 JUDGMENT WRITING frefa deat Fourth Question Paper agef usta WY — 3:00 He iim — 100 Time Allowed ~ 3:00 Hours Maximum Marks - 100 freer Instructions 1. All questions are compulsory. Answer to all Questions must be given in one language either in Hindi or in English. In case of any ambiguity between English and Hindi version of the question, the English version shall prevail. awl wer aiftard 21 sh sect Gee AN okra otto Ge aT AA BY 1 aA POA we # sith ote et ars Bata aE waar & a otto ote arr eh 2. Write your Roll No. in the space provided on the first page of Answer-Book or Supplementary Sheet, Writing of his/her own Name or Roll No. or any Number or any mark of identification in any form in any place of the Answer Book not provided for, by which the Answer Book of a candidate may be distinguished/ identified from others. Do not write any name in the place of name of Court while settling issue, framming charges and writing Judgment. Use XYZ. in the place of name of Presiding Officer. It is strictly prohibited and shall, in addition to other grounds, entail cancellation of his/her candidature. Tar gaa swat oye whe ab we gS we Ae wr we A ag@ria offer at) oa fern 8 Pe wi & ofRer Poe eI a sKeaT A aT sigaRig sera HE wale aT Gea or BE Pre sie area Pore A abet FH sae Rear wt ort Gee Ghee eM URAL AT | eT ar Adore, omit a Perr Me Poker Serr Hea eur we PR a aor wT a | tants lan a Bee wR XYZ a RIFT BR | ag wider BAAR & oh ors ore & sift, Gera spelen Pewet Ra GTA a TER eT . Candidate shall start answering of next question from the next page. Writing of all answers must be clear & legible. If the writing of Answer Book written by any candidate is not clear or is illegible in view of Valuer/Valuers then the valuation of such Answer Book may not be done. aren SPT BE GT SeR SHIA FS B Ba oT HY | wh set w Pesta! wre she gots eer ore &) foe wd bere fee me wegen A frame aft yee /yeiemahrr $ aa F see aT sneha et ch Gear yee el eT oT em! P.T.O. Question / a2 SETTLEMENT OF ISSUES | mT Settle the issues on the basis of the pleadings given here under - PLAINTIFF'S PLEADINGS :- 1. Plaintiff filed suit for declaration, injunction and alternatively for recovery of Rs 150000/-against "A" "B" "C". Plaintiff case is "A" & "B" are real brother, son of Deviya Chamar. Plaintiff and defendants are residents of same village Unchehra. Land survey No 945, area 11 decimal, situated in the same village, was recorded in name of defendants "A" & "B" in the revenue khasras and they were in possession of the land. This land is adjoining to his land survey No 951. Defendants "A" & "B" sold the land survey No 945 in the year 1995 by way of registered sale deed in lieu of Rs 51000 consideration and had delivered possession to plaintiff since then plaintiff is in possession. Plaintiff constructed two rooms on part of the land and is residing with his family. Cost of the construction is around Rs 1,00,000. 2. It is further pleaded that plaintiff filed an application for mutation in Court of Tehsildar which was registered as case No 2 a 6/ 95-96. Defendant "C" objected that land does not belong to Deviya Chamar but it belongs to Deviya Kalar. "A" &"B" falsely made an entry in khasra in collusion with Patwari as Deviya Chamar instead of Deviya Kalar. Tehsildar refused mutation and dismissed application. Plaintiff filed appeal but appeal was also dismissed by SDO. 3. In best of plaintiff's knowledge there was no person as Deviya Kalar in the village. Plaintiff attempted to contract with "A" & "B" but they refused to meet and not ready to return his money. Plaintiff also gave notice to "C" through his counsel and asked where about of Deviya Kalar and also asked to return his sale consideration and cost of the construction. He is ready to return land at their expenses Marks/ ap 10 but "C" did not answer the notice which was received by him on date 20 Aug 2009. 4. Hence suit is filed with the prayer to declare that plaintiff is owner and in possession of land. Defendant "C" be restrain not to interfere with plaintiff's possession alternatively defendant may be ordered to return Rs 1,50,000 with interest. WRITTEN STATEMENT :- 1. "A & "B:" did not participated in Court. They remained ex- party. = Defendant "C" filed his WS and refuted the plaint averments. He pleaded that land survey No 945 was in name of Deviya Kalar before 1994. In the year between 1994-95 when the roster of Khasra Panchsalal changed "A" & "B" and plaintiff with the collusion of Patwari Halka Lal Man Sukla made an false entry in the name of Deviya Chamar instead of Deviya Kalar. Patwari Lal Man made a report to Teshildar that Deviya Chamar had already died so survey No 945 should be recorded in the name of his son A" & "B" who passed order accordingly without giving any notice to "C" whereas "C" was in possession, 3. It is further pleaded that owner of the land survey No 945 was Deviya Kalar who died issue less and was residing with defendant "C", Plaintiff was neither in possession nor constructed house on the land, in fact house was constructed by Deviya Kalar and "C" is in exclusive possession of the house. Plaintiff is next neighbour of "C". This fact was well known to him that Deviya Kalar had died issueless, therefore, he planned conspiracy with "A" & "B" and Patwari Halka and replaced the word "Kalar" with "Chamar" 4, It is further pleaded that suit for declaration is not maintainable without claiming relief of possession. Plaintiff is not entitle for any money from "C" neither he had payed any money to "C" neither before getting registry he consulted "C". Therefore, he is not entitled for any relief against answering defendant. Preifakaa sifreaat @ snare ux frarere faefert afr 1 ad & array — 1 ard & shren, Fterer vd famed 4 150,000/-wad ‘a, a wd A aaph 8g we ag wea fear) art or aren ga oR @ PH a athe mg 31 gad flor or am afar aa 2) al afk sfearder we Siew & we oe SF) aA as ma ot Mw > 3s % 2 ae a 3 ie @ 4 Gt APT SPAT 1,00,000/-Wa 81 2 art al or ue aaa @ fe Ge deve & areata A THAT wor antes wega fear at fe vat w. 246 /es-96 SO A oof BST! vfeardt oA we onofer oega at fe var a afaar aR a ae 2 fear eftar were 1 81 of yd WA uea S Mowe ear wae st oT Ww 3. ad a orrent 4 ear war ar ar arg afer aia Y a Bare aor wd a @ Per or vate fea, afer weit Prem o gar ox far ak weer tar ft ame oe a gor ax Rar ad aw at A ory staan 3 area 8 aiea Avi alk sre Ger at eae were wr ae oT z ak ort af a wer fe caer ea vftea ave ay ¢ gk He a ara 22 ae ah wd Si ow age oe af aur 2 firg ‘WA OE va AE fear) Gad few W BT 20 srt 2009 HY UIT ETI 4 oRorrerey cat ge cry @ aren mega gor fy ae tie fra cara fs art af cant ua onftrocmen’ 8) oftardh we ot aa Pear ore fe at S onto Yay eecda a we wer § ue ah orgate ae ra NALIN aC YA SIGS ie FJ 1 1 ‘om ae 4 marereras ofrer Y arr ae fear) & veruefia WEL 2, aiterét WF OMT Gea seer RA BRA BY wa aiftace ay Gow fear) Gear ue aiftars & fH yf ws a. o45 af 1904 B cect Vftar wa F am ait) af 1904-05 & ey Ga GET deere a Wee aca da ‘or, “a ate ad + cea ger orem yer B Poa YH Ta gat Var Ga a ome WR afar TAR RTE! yea orem va fers ceeicere wy Ah fe ‘efter AR AR gar @, ewfey aM wi ons ved ya db aM ot fear amr wifey) Rie oe ofsardt ww at aie Br a aieer vila ee fear Tre, aa fie oieardt wr at te we onfiace Fay Q.2 3 amt ae aftoes @ fe aie woe Hf af wd 4. 94s wr yf ear a7, saat Ria yey et eh, ge wftarél wd wer wer aT) ave) ahh ah aot one 4 on, a & oer Fer ara) area A war YA oR GY AerT 2 ae Qftar wa A ara @ ote ‘woe ory ofa A EI 4 ant ae after & fe onftacr & srgcte & atte etoem ar erat TET we wea) aa Ww S ag fh eer ore aed oT affert aa et A A ‘ew a ag wa o 2 ok a ff ving ae Uo ued WoO Hy Tada Ti, wafag ae ag agate ot ar arent ae 21 FRAMING OF CHARGES antal @t fara Frame charge/charges on the basis of allegations given here under.- PROSECUTION CASE / ALLEGATIONS — Ram Lal lodged first information report in police station, Shahjehanabad, Bhopal at 1:00 P.M. on 15/07/2017 stating that in the morning today at about 10:00 A.M. he was coming to his house from District Court Bhopal, a place about 4 Kms away from police station. Two person Shyam Lal and Banshi Lal obstructed his way, hurled abusive words Mother and Sister on him and gave him severe beating by lathis, as a result of which he suffered injuries on his head and forearm of his right hand. He fell down and became unconscious. Sitaram known passer-by took him to his house. On regaining consciousness he has come to report. On the story narrated by the injured Ram Lal an offence was registered on Crime Number 150/2017. Station incharge of the police station send him for medical examination to Hamidia Hospital Bhopal where he was medically examined and prepared MLC Report was prepared. In X-ray examination of injuries fracture in right Ulna bone was found. Prafefad afoot 3 sree a ota fart afd — orator or ren /atroad —

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