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2004 Supreme(P&H) 869

M.M.KUMAR
Kishan Chand – Appellant
Versus
Sita Ram – Respondent


Judgment

1. A close relationship of the parties is no guarantee of cordiality between human beings. The aforesaid message is loudly conveyed by this appeal filed by defendant under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code ) challenging the judgment and decree dated 15-1-1991 passed by the learned Additional District Judge, Rewari. He has reversed the findings recorded by the learned Civil Judge in his judgment and decree dated 28-2-1989. The defendant-appellant has also challenged the findings of facts. The following questions of law have arisen for determination in this appeal; (i) could the defendant-appellant enter into an agreement to sell dated 30-9-1966 in respect of the suit property with plaintiff-respondent No. 1 despite the fact that he was not then its owner : (ii) What is the legal consequence of delivery of possession of the property to plaintiff-respondent No. 1; (iii) whether the agreement to sell dated 30-9-1966 was validly cancelled on 31-12-1974 and the sale deed executed in favour of defendant-respondent Nos. 2, 3 and one Dr. Ramjas (Dr. Ramjas is now represented by his legal representatives defendant-respondents 4 to 11).

2. It woul




























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