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2013 Supreme(SC) 651

P.SATHASIVAM, J.CHELAMESWAR
Satya Pal Anand – Appellant
Versus
Punjabi Housing Co-operative Society – Respondent


JUDGMENT

Chelameswar, J.

1. This petition arises out of the final judgment and order dated 03.08.2011 passed in Writ Petition No.14548 of 2008 by the High Court of Madhya Pradesh at Jabalpur.

2. It is rather difficult to cull out the facts accurately because of the inadequacy of the record. Be that as it may, the broad and undisputed facts are as under:

3. The petitioner’s mother was allotted a plot of land (hereinafter referred to as ‘the property in dispute’) by the first respondent – the Punjabi Housing Co-operative Society Ltd. Pursuant to such an allotment, the sale-deed dated 22.03.1962 came to be executed, which deed was registered on 30.03.1962 before the Sub-Registrar, Bhopal. It appears that the petitioner’s mother died on 12.06.1988. The petitioner claims to be the sole successor-in-interest though we find from the record (from the alleged compromise deed dated 06.07.2004 executed by the petitioner herein) that he has a sister.

4. It appears that after lapse of about 40 years, the first respondent purported to have cancelled the sale made in favour of the petitioner’s deceased mother. On 09.08.2001, a deed styled as Extinguishment Deed came to be executed by the first respon












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