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2024 Supreme(HP) 432

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Ajay Kumar – Appellant
Versus
Dhakia @ Kehar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Surinder Singh Saklani, Advocate.
For the Respondents:Mr. G.D. Verma, Sr. Advocate, with Mr. Sumit Sharma Mr. Peeyush Verma, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

1. Plaintiff Sanjeev Guleria filed a civil suit for declaration that the sale deed executed by defendants No.1 to 3 (Dhakia @ Keher Singh, Siku @ Sanju and Vidya) in favour of defendants No.4-Ajay Kumar on 07.06.2013 and mutation No.2539 be declared null and void. A consequential relief of permanent prohibitory injunction for restraining defendant no. 4 from interfering with the possession of the plaintiff over the land comprised in Khewat No.524, Khatauni No.598, Khasra No.1175/1043 measuring 02-06-14 bighas situated in Mohal Garoru Tehsil Joginder Nagar, District Mandi, H.P. (hereinafter referred to as the suit land) was also sought. It was asserted that defendants No. 1 to 3 were the owners of the suit land to the extent of 1/5th Share. They sold the suit land to the plaintiff on 10.07.2008 vide registered Sale Deed. The defendants did not appear before the Revenue Authorities and executed a Power of Attorney in favour of Smt. Salochana Guleria on 31.01.2012. The plaintiff is serving in the Army and remains away from his native place. The plaintiff visited Patwari, Patwar Circle Garoru in December 2013 with the original sale deed and Special Power of

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