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2003 Supreme(J&K) 387

Y.P.NARGOTRA
Misra Bibi – Appellant
Versus
Mohd. Hussain – Respondent


Advocates Appeared:
Advocate For Appellant: Babu Ram Sharma
Advocate For Respondent: O.P. Thakur

The appellant wan an allottee of plot No. 3, Sector No. 2 measuring 25 x 50 situated at Gujjar Nagar, Jammu, in which she constructed two rooms, one Kitchen with a bathroom and was living therein. Respondent No. 1, started living in the said house with the appellant and ultimately threw her out of the possession of the said house. The appellant filed a suit against respondent No. 1. The suit was decreed by the learned District Judge, Jammu on 10th April 1992. Respondent No. 1 went in appeal, which was also dismissed by this Court Judgment dated 2nd February 1994. Respondent No. 1 filed a Letters Patent appeal, which too came to be dismissed on 29th March 1996. The appellant then filed an execution application before the Court of learned District Judge, Jammu, seeking the recovery of possession from the Judgment-debtor-respondent No. 1. During the course of pendency of the said execution application, the appellant executed a Sale Deed in favour of respondent No. 1, which came to be registered by the Sub-Registrar, Jammu on 19th July 1996. Through this Sale deed, the appellant sold out and transferred her rights and interest in the decree and the subject matter of the decree in consi















































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