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1963 Supreme(P&H) 30

D.K.MAHAJAN, P.C.PANDIT
Ram Parkash S/o Ch. Raghbir Singh – Appellant
Versus
Radhe Shyam – Respondent


Judgment

P.C.Pandit, J.

1. This is a defendants appeal against the order of the learned Senior Subordinate Judge, Karnal, decreeing in part the plaintiffs suit and granting them a decree for a declaration that the sale in suit shall not bind them except to the extent of Rs. 4,5257- only, on payment of which they would be entitled to claim joint possession of the house in dispute.

2. On 8-12-1952 Chancier Parkash, defendant No. 1, sold the house in suit for Rs. 8,000/- by a registered deed to Ram Parkash, defendant No. 2. On the same day, he also executed a rent-note in favour of the vendee. Later on 2-8-1956 on the basis of this rent-note, Ram Parkash obtained an order from the Rent Controller for the ejectment of Chancier Parkash from the house in suit. In execution of this order, he applied for the delivery of possession. Thereupon, on 1-10-1956, Radhe Sham and others, plaintiffs 1 to 5, the sons, and shrimati Puma Devi, plaintiff No. 6, the wife of the vendor, brought the present suit for a declaration that the sale-deed dated 8-12-1952 executed by defendant No. 1 in favour of defendant No. 2 was null and void and ineffective as against them, as the house in dispute was the Joint


































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