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2016 Supreme(J&K) 36

MOHAMMAD YAQOOB MIR
Anil Sharma – Appellant
Versus
Darshan Lal – Respondent


Advocates Appeared:
For the Petitioners:Mr. Dinesh Verma, Advocate.
For the Respondents:Mr. Subhash Makhnotra, Advocate.

JUDGMENT :

Mohammad Yaqoob Mir, J.

These Revision petitions are directed against the orders dated 05.06.2009 passed by the trail court (Munsiff, Akhnoor) in two suits captioned:

(i) Durga Dass v. Anil Sharma.

(ii) Durga Dass v. Krishan Lal.

2. Two separate applications filed in the said two suits seeking dismissal of the suits on the count of having abated for want of substitution of legal heirs of deceased (defendant No. 4 therein).

3. For appreciating the controversy in its right perspective, it shall be advantageous to notice precisely the factual background which has given rise to the Lis and to the consequential orders impugned.

4. One-Parkasho Devi (defendant No. 4 in both the two suits) had sold land measuring 3 kanal and 14 marlas covered by Survey No. 915 min situated at Village Gurha Brahmana, Tehsil Akhnoor vide Sale Deed dated 28.03.2005 in favour of Anil Sharma and Sushil Sharma (defendants No. 1 and 2 in Suit No. 1) who in turn on 01.07.2005 executed a Gift Deed for the same land in favour of their mother Smt. Vishno Devi (defendant No. 3).

5. Same deceased Parkasho Devi (defendant No. 4) in Suit No. 2 had sold land measuring 4 kanal covered by Survey No. 915 min, khata No. 1















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