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2021 Supreme(HP) 888

SURESHWAR THAKUR
Om Parkash Son of Shri Udhami Ram – Appellant
Versus
Bihari Lal Son of Shri Dagi Ram – Respondent


Advocates:
Advocate Appeared
For the Appellant :MR. AJAY SHARMA, SENIOR ADVOCATE WITH MR. AJAY THAKUR, ADVOCATE
For the Respondent:MR. G.D. VERMA, SENIOR ADVOCATE WITH MR. B.C. VERMA, ADVOCATE

JUDGMENT :

1. The plaintiff instituted a Civil Suit bearing No. 113/2002 before the learned Civil Judge (Junior Division), Baijnath, District Kangra, H.P. In the afore Civil suit, the plaintiff, claimed the hereinafter extracted decree against the defendant:-

    “Suit for grant of decree of declaration to the effect that the sale deed registered in the office of Sub Registrar, Baijnath at serial No. 58 dated 24.01.2002, in respect of land comprising of khata no.22 min, khatauni No. 45 min, Khasra No.107, measuring 0-27-89 hects upto the extant of 120/2789 shares i.e. 0-01-20 hects situated at Mohal Panjaila uperla, Muza Sansal, Teh Baijnath, District Kangra, H.P. vide missal haquiat istemal 1996-97 executed in favour of the defendant by the plaintiff is null and void and is a result of fraud, misrepresentation and undue influence as the plaintiff being minor cannot execute any sale deed and further the mutation No.158 dated 10.9.2002 of above said sale sanctioned and attested by the A.C. 1st Grade, Baijnath in favour of defendant is also wrong and illegal and is liable to be set aside with the consequential relief of permanent and prohibitory injunction restraining the defendant from t

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