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2004 Supreme(J&K) 243

S.K.GUPTA
Charan Dass – Appellant
Versus
Chander Shekhar Gupta – Respondent


Advocates Appeared:
Advocate For Appellant: K.K. Pangotra
Advocate For Appellant: S.C. Gupta
Advocate For Respondent: Virender Bhat

1. This revision is directed against the order dated 15.4.2003 propounded by Sub Judge, Katra, whereby the applications of the defendants-respondents, for recasting of issues and for permission to place on record the additional documents, have been allowed.

2. A suit for declaration came to be commenced by the plaintiff-petitioner, seeking to declare the gift deed dated 8.7.1982, registered on 8.9.1982, with regard to land measuring 18 marlas under survey No. 582/201, situate at Katra, as null, void and in-operative with a further relief of permanent prohibitory injunction, restraining the defendants-respondents from interfering into the said land, transfer or alienate it in any manner whatsoever. The case of the plaintiff-petitioner before the trial court is that he became the owner of the land on the basis of a gift deed dated 4.10.1968, executed by one Munshi Ram. The said gift deed is not, however, in controversy in the suit. Petitioner further stated to have executed a power of attorney in favour of respondent-defendant No.3, only for handling the legal maters in respect to the suit land and not for its sale or transfer by any mode whatsoever. It was on service of a notice upo













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