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1984 Supreme(HP) 91

V.P.BHATNAGAR, H.S.THAKUR
SHAKTI CHAND – Appellant
Versus
CHAMARU – Respondent


Advocates Appeared:
For the appellants :Mrs. P. Malhotra with Miss Shyama Vasudeva, Advocates, For the respondents:Mr. O. P. Sharma, Advocate.

JUDGMENT

H. S Thakur, J.—This letters Patent Appeal is preferred by the appellant (purchaser of the land in dispute) against the judgment and decree of the learned Single Judge of this Court, dated December II, 1974.

2. A few facts relevant to decide this appeal may be stated. The plaintiffs (the original owners) filed a suit for possession of the land in dispute alleging that the defendant, Rirku (whose legal representative Chamaru has been brought on record) executed a document dated December 22, 1964 (Ex. P-l) undertaking to relinquish tenancy rights after harvesting the R*bi crop 1965. The defendant had not fulfilled the terms of the document and had retained the possession thereby contravening his undertaking. As such, it was prayed that a decree for possession of the land in dispute be granted in favour of the plaintiffs In the written statement filed by Rirku, he denied that any such agreement had been entered into by him and it was asserted that a blank document had been signed by him on the representation that an objection had to be filed by him as tenant as the land would otherwise be acquired by the Government. It was further asserted that the agreement was without conside









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