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2008 Supreme(Del) 315

SHIV NARAYAN DHINGRA
Phoolwati – Appellant
Versus
Ram Dei – Respondent


Advocates Appeared:
Ms. Meena Ch. Sharma, Advocate
Mr. S.Chaturvedi, Advocate

SHIV NARAYAN DHINGRA, J

1. The application being IA No.5279/2008 has been made by the defendant under Order 7 Rule 11 CPC for rejection of the suit filed by the plaintiffs on the ground that the suit was not maintainable under law.

2. The first ground taken is that the suit has been filed for declaring a registered sale deed dated 17th June, 1982 as null and void and for declaration of consequent mutation proceedings in the year 1986 mutating the agricultural land in the name of predecessor Shri Madan Lal as null and void. The suit was barred by limitation as well as barred by the provisions of Delhi Land Reform Act and other Revenue laws and cannot be entertained. All other reliefs prayed by the plaintiffs emanate from the first relief of declaring the sale deed and the mutation as null and void.

.3. It would be advantageous to narrate the facts stated in the plaint briefly. It is stated that in the year 1982, Shri Madan Lal had advanced a sum of Rs.48,000/- as financial help to Sh. Harpal Singh but taking advantage of illiteracy and ignorance of Sh. Harpal Singh, instead of getting a mortgage deed registered with sub Registrar in respect of the land in question, he got registere









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