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2010 Supreme(P&H) 3254

MAHESH GROVER
Sulakhan Singh – Appellant
Versus
Smt. Pal Kaur – Respondent


Judgment

Mahesh Grover, J.

1. I will be disposing of R.S.A. No.428 of 1985 and R.S.A. No.671 of 1986 by this common judgment. For the sake of convenience, facts have been taken separately from R.S.A. No.428 of 1985 and then conjoined with R.S.A. No.671 of 1986 and they appear in the subsequent portion of the judgment.

RSA No. 428 of 1985

2. This is an appeal filed by the plaintiff against the judgment of the First Appellate Court dated 7.1.1985, thereby reversing the findings recorded by the learned trial Court vide his judgment dated 31.3.1979 by virtue of which the suit of the plaintiff stood decreed in her favour. A suit was filed by the mother of present appellant pleading that she was the owner in possession of the land measuring 40 kanals and that the mortgage deed dated 16.3.1973 and the sale deed dated 25.2.1974 alleged to have been executed by her with regard to the suit property were a fraudulent transaction and not binding upon her. Along with the suit, a prayer for possession was also made, in the eventuality of the court coming to the conclusion that the respondent was in possession of the property. She primarily alleged that she is the owner in possession of the proper















































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