V.GOPALA GOWDA, UDAY UMESH LALIT
Prem Nath Khanna – Appellant
Versus
Narinder Nath Kapoor (Dead) Through L. Rs – Respondent
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JUDGMENT :
V. Gopala Gowda, J.
Leave granted.
2. The present appeal arises out of the impugned judgment and order dated 20.07.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 1661 of 2005, whereby the said appeal filed by the respondent herein was allowed and the judgment and order dated 31.03.2005 passed by the learned Additional District Judge, Kurukshetra decreeing the suit in favour of the appellants herein was set aside.
3. The brief facts of the case required to appreciate the rival legal contentions advanced on behalf of the parties are stated hereunder:
4. The appellant No. 1 herein along with his mother Kaushalya Rani, vide sale deed dated 17.10.1996, purchased land measuring 41 Kanals 4= Marlas being 5/25th share of land measuring 206 Kanals 3 Marlas situated within the revenue estate of village Dhurala according to jamabandi for the year 1960-1961. Prior to the execution of the said sale deed, the land in question had been leased to the respondent No.1 herein, Narinder Nath Kapoor (since deceased) for 20 years from 1966 to 1986. In addition to the above mentioned land, the mother of the appellant No.1 had also purchased land measu
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