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2002 Supreme(HP) 143

K.C.SOOD
KRIPA RAM – Appellant
Versus
MAINA – Respondent


Advocates Appeared:
Mr. Bhupender Gupta, Sr. Advocate Assisted by Mr. Praneet Gupta, Advocate, for the Appellants; Mr. Kuldip Singh, Sr. Advocate, Assisted by Mr. Jatinder Thakur, Advocate, for the Respondents.

JUDGMENT

Kuldip Chand Sood, J.—This second appeal arises out of the judgment and decree of the learned District Judge, Sirmaur at Nahan dated June 10, 1998. Facts necessary for the disposal of this appeal may be noticed: Maina Devi, plaintiff and respondent in this appeal, hereinafter referred to as "the plaintiff" is the owner in possession of the suit property alongwith proforma defendants. Contesting defendants, "appellants herein" namely, Kripa Ram, Som Dutt, Rama Nand and Rajinder are the real brothers. Plaintiff Maina Devi laid a suit before learned Sub Judge 1st Class, Kandaghat, District Solan for declaration that she was the owner in possession of the suit property and the sale deed of the property, allegedly executed by her on May 18, 1992, in favour of the contesting defendants was without consideration and result of fraud and misrepresentation. Therefore, the sale deed as well as consequent mutation attested in favour of the contesting defendants on September 19, 1992, was null and void and not binding on the plaintiff. Plaintiff also sought relief of permanent injunction restraining the contesting defendants from interfering in the suit property in any manner either th





















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