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2005 Supreme(SC) 619

RUMA PAL, C.K.THAKKER
Yamuna Nagar Improvement Trust – Appellant
Versus
Khariati Lal – Respondent


Judgment

C.K. Thakker, J.—Leave granted.

2. These appeals are filed by Yamuna Nagar Improvement Trust challenging the legality of judgment and decree passed by Civil Judge (Senior Division), Jagadhri, dated January 28, 1999, confirmed by the Additional District Judge, Jagadhri on November 24, 2000 and also confirmed by the High Court of Punjab and Haryana on August 14, 2003.

3. To appreciate the controversy in the appeals, relevant facts of both the cases may be stated in brief.

In the first matter, a suit was filed by Kharaiti Lal, S/o Deewan Chand, for perma nent injunction restraining Yamuna Nagar Improvement Trust (“Trust” for short) from interfering with actual and physical possession over the residential house owned by the plaintiff by demolishing the construction made by him. The case of the plaintiff was that he along with his brother Mulakh Raj purchased the property bearing Khasra No. 173 min, mauza Gobindpuri now Sham Nagar, Near Bus Stand, Model Town, Yamuna Nagar, from one Mangal, S/o Nihala vide registered sale deed dated March 9, 1962 for valuable consideration. It was his case that in pursuance of the sale deed, physical and actual possession of the land was handed over

































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