)Smt. Santosh Kumari Phutela Date vs ). Smt Mithilesh Devi(Now Deceased) on 20 February, 2020
25. From the abovesaid specifications, it is evident that area of 12' X 12' with
common wall, was sold to defendant no.1 out of the total area of property
of plaintiff no.1, which was of plaintiff no.2 at that point of time as
alleged in para 3 of plaint. This fact is averred by defendant no.1 herself
in para no.2 & 3 of plaint in the suit bearing no. 6749/2016 titled Smt.
Mithlesh Devi v. Santosh Kumari & Anr, filed by her against plaintiffs
herein, the copy of which is Ex.DW1/2 (OSR). It is also stated therein
that property no. A81 is consisting of 6 shops and defendant no.1 is its
owner and out of the same, one shop was sold to plaintiff therein I.e
defendant no.1 herein. Thus, its admitted fact that apart from the
abovesaid area of 12' x 12' with common walls, rest of the area of
property no. A81 is that of plaintiff no.1.