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1994 Supreme(P&H) 457

N.K.KAPOOR
Mool Chand – Appellant
Versus
Udho Ram – Respondent


Judgment

N.K.Kapoor, J.

1. This judgment shall dispose of Regular Second Appeal No. 2283 of 1986 and Civil Revision No. 1964 of 1988.

2. Plaintiff-appellant filed suit for declaration to the effect that he is exclusive owner in possession of southern portion of House No. RXVII-624/52 (new) and R-VII-624/28 (old) situate in Sham Nagar, Ludhiana shown red in the site plan attached consisting of six rooms one half room, two verandas, kitchens, latrines, passage, stair case and courtyard etc and that the defendant has no right and concern with the same. Relief for permanent injunction restraining the defendant from alienating the suit property as well as interfering or dispossessing the plaintiff forcibly and without recourse to law, was claimed. In addition thereto, mandatory injunction was sought against the defendant directing him to execute a transfer deed in his favour and get the same duly registered. The case set up by the plaintiff is that land under-neath the two separately built houses, one in possession of the plaintiff and other with the defendant was, in fact, purchased jointly, though the sale-deed was executed in the name of the defendant alone. Since there was no dispute





































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