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2001 Supreme(SC) 949

RUMA PAL, V.N.KHARE
Balmik – Appellant
Versus
Ramnaresh Singh – Respondent


JUDGMENT

V.N.Khare, J.

(1) THIS appeal is directed against the judgment of the High Court of Madhya Pradesh affirming the judgment of the first appellate court whereby the decree of the trial court was set aside and the suit was dismissed.

(2) THE facts giving rise to this appeal are these: It is the case of defendant-respondents 1-6 that Ramadhar-respondent No. 7 executed a usufructuary mortgage in their favour as far back in the year 1957 and in pursuance thereof delivered the possession of the said property to them. It is also alleged that subsequently on 29-5-59, Ramadhar himself as well as on behalf of his brother, who was then a minor, executed sale deed in respect of the said property for a consideration of Rs. 665/-. It is not disputed that the said sale deed was not registered. Subsequently, respondent No. 7 transferred the aforesaid property in favour of the plaintiff-appellant herein by a registered sale deed for a consideration of Rs. 1,200/-. It appears that after the sale deed was executed, there arose a dispute in regard to possession of the property, and proceeding under section 145 of Code of Criminal Procedure was taken between the par


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