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2010 Supreme(HP) 989

DEEPAK GUPTA
Rajnesh Kumar Sood – Appellant
Versus
Surinder Kumar – Respondent


Advocates appeared:
For the appellants :Mr. Bhupinder Gupta, Senior Advocate, with Mr. Neeraj Gupta, Advocate.
For respondents No. 1 to 3:Mr. G.D. Verma, Senior Advocate, with Mr. B.C. Verma, Advocate.

JUDGMENT :

Deepak Gupta, J.

1. This Regular Second Appeal has been admitted on the following substantial questions of law: 1. When the factum of exchange of title to the land is neither evidenced by any legal document nor entries in the revenue record are shown to be lawfully substituted, could the factum of exchange having taken place be assumed merely on the basis of the entries incorporated during settlement. Could the principle that the entries in the revenue record have presumption of truth wrongly applied when such entries were not shown to be lawfully substituted either on the basis of lawful order or having any other lawful basis?

2. Whether the entries appearing in the revenue record showing the possession on account of “Davedhar Tabadla” be held to mean that any exchange between the parties has taken place in lawful manner: Are not entries in the revenue record particularly Exhibits P-8 and P-10 misread and misappropriated to hold that there was a valid exchange of title between the parties to the suit?

3. When the party to the suit, who is alleged to be the maker of the admissions in the previous judicial proceedings, alleges and proves that such alleged admissions were




















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