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2009 Supreme(P&H) 1440

HEMANT GUPTA
Avtar Singh – Appellant
Versus
Surjit Kaur – Respondent


Judgment

Hemant Gupta, J.

1. The defendants are in appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for possession of land allegedly conveyed by defendant No.2 in favour of defendant No.1 on 9.4.1992, was decreed.

2. Puran Singh son of Geeta Singh is the father of the plaintiffs and defendant No.2. Defendant No.1 is the husband of defendant No.2. The plaintiff alleges that earlier defendant No.1 got a decree suffered from Puran Singh on the basis of a family settlement. The said decree was challenged by Nirmal Singh and Jarnail Singh, sons of the plaintiff. Puran Singh admitted the case of the sons of plaintiff by filing written statement, but when he was to appear in the Court to make the statement, the defendant by exercising undue influence got two sale deeds dated 9.4.1992 executed illegally in favour of defendant No.1. Since the grievance of the plaintiff was not redressed, the present suit was filed.

3. Defendant No.1 in his written statement has raised a preliminary objection that the suit is barred by limitation and that Puran Singh has executed a registered Will in favour of Avtar Singh, his son on 12.8.1993. It was also alleged


























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