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1994 Supreme(Del) 803

MOHD.SHAMIM
HARBANS KAUR – Appellant
Versus
BHOLA NATH – Respondent


Advocates Appeared:
Bharati Patni, G.S.SISTANI, N.S.SISTANI

Mohd. Sharnim

( 1 ) THE appellants/defendants (hereinafter referred to as the appellants for the sake of convenience) have preferred this appeal against the judgment and order passed by the first appellate court dated September 1,1973 whereby the judgment and decree passed by the learned lower court were set aside and a decree for possession over the plot shown by red colour in the plan Ex. P8 was passed in favour of the respondents /plainiffs ( hereinafter referred to as the respondents for the sake of brevity ).

( 2 ) BRIEF facts that gave rise to the present appeal are as under:

"that one Shri Amar Nath who was the father of the respondent No. 1 and the husband of the respondent No. 2 purchased plot No. 4790, Roshan Ara Road, Aryapura, Delhi, in a court auction held on January 15,1965. The said auction was subsequently confirmed in favour of the deceased Shri Amar Nath Seth on February 24,1965 by Shri Dalip Singh, Sub Judge 1st Class, Delhi, in a case entitled as Hira Lal Seth v. Shri Amar Nath. On enquiries it was revealed that one Shri Harnam Singh was in an unauthorised occupation over the said plot since January 1962 fully shown by red lines in the plan Ex. P8 annexed with the





























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