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2016 Supreme(HP) 706

TARLOK SINGH CHAUHAN
Sohan Lal – Appellant
Versus
Ghanshyam – Respondent


Advocates Appeared:
For the Appellant :Mr. S.C. Sharma, Advocate.
For the Respondent:Mr. Amrinder Singh Rana, Advocate.

JUDGMENT :

Tarlok Singh Chauhan, J.

This Regular Second Appeal has been preferred against the concurrent findings of fact recorded by the learned Courts below whereby the suit of the appellant/plaintiff (hereinafter referred to as the ‘plaintiff’) for cancellation of the sale deed came to be dismissed.

2. The plaintiff filed a suit for cancellation of sale deed on the ground that on 10.6.2013 he entered into a written agreement with the respondent/defendant (hereinafter referred to as the ‘defendant’) on certain terms and conditions and agreed to sell one bigha out of khasra No. 326/2, measuring 4-5 bighas, situated in Mauza Shattal, Pargana Bochali, Tehsil and District Solan, H.P. The sale consideration was fixed at Rs. 70,000/-, out of which, Rs. 50,000/- was paid and the remaining Rs. 20,000/- was to be paid lateron. The defendant after obtaining the revenue papers got the sale deed executed on 5.8.2005 which was got drafted from the document writer and signatures of the plaintiff were also obtained on the said sale deed before the Sub Registrar on the pretext that the sale was only for one bigha of the land, whereas the sale deed was executed qua 1-18 bighas for a consideration of































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