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2006 Supreme(HP) 6

V.M.JAIN
SATYA DEVI – Appellant
Versus
PARTAP SINGH – Respondent


Advocates Appeared:
Mr. Bhupender Gupta, Sr. Advocate, with Mr. Janesh Gupta, Advocate for the appellant. Mr. G.D. Verma, Senior Advocate, with Mr. B.C. Verma, Advocate, for respondent No. 1. None for respondent No.2.

JUDGEMENT

V.M. Jain, J.: This regular second appeal has been filed by defendant-appellant Smt. Satya Devi against the judgments and decrees of the Courts below whereby the two suits, one filed by Partap Singh and the other Smt. Suhli Devi were decreed and the sale deed in favour of Smt. Satya Devi, was held to be illegal and void and the appeal filed by Smt. Satya Devi, was dismissed by the learned District Judge.

2. The facts which are relevant for the decision of the present appeal are that two suits were filed before the trial Court. One suit was filed by Partap Singh plaintiff against Smt. Suhli Devi, Smt. Satya Devi and Milkhi Ram, as defendants. It was a suit for possession by way of specific performance. The other suit was filed by Smt. Suhli Devi plaintiff against Milkhi Ram, Smt. Satya Devi and Partap Singh as defendants. It was a suit for declaration with consequential relief of permanent prohibitory injunction. Both the suits were consolidated, vide order dated 20.9.1995 and it was directed that the evidence shall be recorded in the suit titled as Partap Singh vs. Suhli Devi etc. and that the evidence recorded in the said suit shall also be read as evidence in the other su




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