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1983 Supreme(Del) 303

H.L.ANAND
MISRI LAL – Appellant
Versus
TOLA RAM – Respondent


H. L. Anand, J.

( 1 ) THIS petition u/s. 482 of the Cr. P. C. is directed against proceedings on a complaint based on allegations of fraud, forgery and use of forged documents as genuine and the order of the trial court framing charge against the petitioner, among others.

( 2 ) THE petition has been filed in the following circumstances. Property No. 2986- 87, in Gali No. 39, Beadonpura, Karol Bagh, at one time belonged to one Ladu Ram. By a deed of mortgage of 7. 1. 1948, which was duly registered (Ex. Public Witness 6/1), Ladu Ram, mortgaged the said property, without possession, in favour of one Lalu Ram. Ladu Ram died on 8. 7. 1973 and until then, the mortgage had neither been redeemed nor redemption was foreclosed. It was until then not subject-matter of any proceedings either. By a legal notice of 11. 4. 1974, heirs of Ladu Ram, namely, his wife his son Tota Ram and his daughters, sought redemption of the property and, inter alia, claimed delivery of possession of it contending that it was a mortgage with possession and that the possession of the property had been delivered to Lalu Ram, the mortgage. In reply to this, Counsel for Lalu Ram, claimed by his notice of May 12, 1974












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