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2003 Supreme(P&H) 880

M.M.KUMAR
Ramesh Chander – Appellant
Versus
Budha Singh – Respondent


Judgment

M.M.Kumar, J.

1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challenging concurrent findings of facts recorded by both the Courts below holding that plaintiff-appellants have failed to prove that the portion of the compound was in joint ownership of Khazan Singh and defendant respondent Budha Singh. It has also been held that plaintiff-appellants failed to examine their vendor Khazan Singh and which would lead to an adverse inference against them. It has been categorically found that defendant-respondent Budha Singh alongwith his brother is exclusive owner of the compound shown as ABCD in red colour in the site plan Ex.P.1 and plaintiff-appellants have no right, title or interest this petition. Accordingly, they are not entitled to interfere in this portion of the compound.

2. Shri B.R. Majan, learned counsel for the plaintiff-appellants has argued that registered sale deed Ex.P1 and P2 dated 19.7.1990 were signed by defendant-respondent Budha Singh as an attesting witness and once he has appended his signature he is bound by its contents also. According to the recitals in the sale deed Ex.P1 and P2 even the






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