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2003 Supreme(Jhk) 48

M.Y.EQBAL
Prabha Devi – Appellant
Versus
Rita Prasad – Respondent


ORDER

M.Y. Eqbal, J.

1. The question that falls for consideration in this Civil Revision is as to whether plaintiff can be allowed at the appellate stage to amend the relief portion of the plaint.

2. The plaintiff petitioner filed Title Suit No. 58/97 in the Court of Sub- Judge, Hazaribagh for declaration of title for possession of the suit land and in the alternative for recovery of possession and also for a decree of permanent injunction restraining defendants from creating any disturbances or interfering with the possession of the plaintiff over the suit land.

3. The brief facts of the case is that defendant No. 2 acquired the suit property by inheritance and became absolute owner of the same. In 1992 it is alleged that defendant No. 1 got the sale deed registered in his favour without paying any consideration amount to defendant No. 2. The defendant No. 1 inspite of the aforesaid sale made by registered deed dated 17.3.1992 did not came in possession. The defendant No. 2 thereafter executed a registered deed of cancellation on 11.2.1993 canceling the aforesaid registered deed dated 17.3.1992. Thereafter defendant No. 2 sold the said land in favour of the plaintiff by virtue of regi


















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