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1998 Supreme(SC) 565

A.S.ANAND, M.SRINIVASAN, V.N.KHARE
Harjit Kaur – Appellant
Versus
State Of Punjab – Respondent


ORDER

1. The appellants are Plaintiffs 4 to 7 in Civil Suit No. 134 of 1997 which was filed in the Court of the learned Senior Sub-Judge, Ludhiana. We need not trace the history of the case. The High Court, while dealing with their case, opined thus :

"Case of Plaintiffs 4 to 7 is based upon the sale deed alleged to have been executed by Smt Sahib Devi in favour of one Sarwan Singh, predecessor-in-interest of these plaintiffs and suffering a decree by her in his favour. The writ petitioner has placed on record a death certificate issued by Chief Registrar (Birth and Death), Annexure P-10, wherein her date of death is recorded as 13-8-1963. Basis of the claim of these plaintiffs is the sale deed dated 24-11-1958 and the judgment and decree of the civil court dated 16-3-1964. This latter document, i.e., the judgment and decree dated 16-3-1964 becomes doubtful in view of death certificate Annexure P-10 dated 13-8-1963. Counsel for the respondent made an oblique reference to the pendency of the suit allegedly having been filed by legal heirs of Smt Sahib Devi against the successor-in-interest of Sarwan Singh, Plaintiffs 4 to 7. Thus, their claim is again subject-matter of adjudication


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