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1996 Supreme(P&H) 1247

H.S.BRAR
New Bharat Chemical Industry – Appellant
Versus
Om Parkash – Respondent


Judgment

Harphul Singh Brar, J.

1. This is a Regular First Appeal against the judgment dated 12.6.1978 passed by the Sub Judge 1st Class, Ludhiana vide which the suit of the plaintiff was dismissed with costs. The plaintiff had brought a suit for cancellation of sale-deed dated 3.3.1972 executed by defendants No.1 to 8 in favour of defendant No.9 in respect of the land measuring 4 kanals 4 marlas comprised in Khewat No.134 and Khalauni No.142 Rect. No. 34, Killa Nos. 3/1, Rect. No.32. Killas No. 8/2, 13/1 vide Farad Jamabandi for the year 1968-69 situated in Village Sherpur Kalan, Tehsil and District Ludhiana. The possession of the land was also demanded in the suit. It was averred in the plaint that the plaintiff was a registered partnership firm and Tulsi Dass Jaitwani was its registered partner. He was thus competent to sue. The plaintiff and defendants No.1 to 8 were joint owners in possession of 40 kanals 15 marlas of land comprised in Khewat No. 134, Khatauni No.1 42, Rect. No. 132 Killa Nos. 8/2, 12/13, 12/1, 18/2, 19, 20, 21, 22 and 23/1 Rect No.34 Killa No. 3/1 and land measuring 18 kanals comprised in khewat No. 454 Khatauni No. 471 Rect No. 32 Killa Nos. 11/2, and 12/1 as
















































































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