SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2010 Supreme(J&K) 504

Hasnain Massodi
Om Parkash – Appellant
Versus
Mohan Lal Sharma – Respondent


Advocates Appeared:
Nirmal Kotwal, Adarsh Sharma.

1. Challenge is to the order of Ld. Munsiff Akhnoor dated 22.2.2010 in Civil suit titled Om Parkash v. Mohan Lal Sharma (23/Civil) whereby Ld. Munsiff has disallowed petitioner/plaintiff’s application for amendment of the plaint.

2. Perusal of record reveals that petitioner/ plaintiff’s father brought a suit for grant of declaratory decree declaring the sale deed executed on 18.2.1993, as outcome of fraud, without consideration and thus null and void. A permanent prohibitory injunction restraining respondent/ defendant from interfering in the suit property was also sought. The petitioner/plaintiff, after death of his father, stepped into his shoes and prosecuted the suit. The case set up before the Trial Court was that the respondent taking advantage of old age and illiteracy of the plaintiff, had made the plaintiff to put his hand unto the document that turned out to be sale deed of the property measuring 7 kanal and 10 marlas comprising survey No. 397 situated at Mawa Krora Tehsil Akhnoor. It was pleaded that the plaintiff in the suit at the time of execution of the documents, was made to believe that the documents were being executed in connection with extension of a loan facili












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top