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2018 Supreme(HP) 1260

TARLOK SINGH CHAUHAN
Ram Piari – Appellant
Versus
Managing Director Competent Automobiles Company Limited – Respondent


Advocates Appeared:
Balwant Singh Thakur, G.D Verma, Advocates for the appearing parties.

JUDGMENT

Tarlok Singh Chauhan, J —The plaintiff is the appellant, who aggrieved by the judgment and decree passed by the learned trial Court, whereby her suit came to be dismissed, had filed an appeal before the learned first appellate Court, however, the same was dismissed and now being aggrieved by the judgments and decrees rendered by both the learned Courts below has filed the instant appeal. The parties shall be referred to as plaintiff and defendants.

2. Briefly stated the facts of the case are that the plaintiff filed a suit for declaration and permanent prohibitory injunction to the effect that the judgment and decree/order passed in Civil Suit No.11/05 dated 22.03.2005 titled as "Parmodh Singh versus K.K.Mehta etc." regarding the alleged agreement dated 27.11.2003 executed between late Shri Parmodh Singh and defendant No.2, K.K.Mehta, regarding the lease of land comprising Khata No.87min, Khatauni No.90min, Khasra Nos. 602/474, 659/476, kita-2, area measuring 11 Kanals and also agreement dated 10.12.2003 for the lease of the aforesaid land are the result of fraud, misrepresentation, coercion and undue influence and are, therefore, null and void. Therefore, in such circumsta

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