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2008 Supreme(SC) 1490

ARIJIT PASAYAT, J.M.PANCHAL
Dharam Singh – Appellant
Versus
Karnail Singh – Respondent


Advocates appeared:
For the Appellant :Kuldip Singh, R.K. Pandey, T.P. Mishra and H.S. Sandhu, Advocates.
For the Respondents:Arviunder Singh and Jitendra Kumar, Advocate.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing the second appeal filed in terms of Section 100 of the Code of Civil Procedure, 1908 (in short ‘the Code’). The second appeal was filed by the respondents before the High Court questioning correctness of the judgment and decree dated 25.10.1999 passed by learned Additional District Judge, Ropar. The learned Additional District Judge had dismissed the appeal against the judgment and decree dated 25.09.1997 passed by learned Civil Judge (Senior Division), Kharar, vide which the Suit of the present appellant, who was the defendant in the Suit was decreed. The Suit was filed for a declaration to the effect that plaintiff had become owner of the suit property by way of extinguishment of equity of redemption qua the rights of the defendants and further with consequential relief of restraining the defendants from transferring the suit property in favour of any body, as detailed in the head note of the plaint. The respondents contested the suit and filed written statements. Four issues were framed and evidence was laid. A






















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