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2003 Supreme(P&H) 402

M.M.KUMAR
Jit Singh – Appellant
Versus
Piara – Respondent


Judgment

1. This is defendants appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 (for brevity the Code), challenging the judgment and decree dated 6-11-2002 passed by the learned Addl. District Judge, Kapurthala reversing the findings of facts returned by the Add. Civil Judge (Sr. Division), Sultanpur Lodhi in his judgment and decree dated 17-9-1997. The Appellate Court has held that sale deed Ex. D1 dated 11-1-1993 does not transfer any right or title to the defendant-appellant because the sale deed had been executed on 11-1-1993 by one Jagir Singh the power of attorney of the plaintiff-respondent which was cancelled on 24-11-1992. It has further been found that the plaintiff-respondent is a member of a Scheduled Caste who had purchased the suit land in a restricted auction held on 27-1-1977. According to the terms of the restricted auction, the plaintiff-respondent could not have transferred or alienated any right in the suit land for a period of 20 years to a vendee belonging to non-Scheduled caste. There has been a red ink entry in the jamabandi for the year 1988-89 which clearly stated that the suit land could have been sold only to a member of a Scheduled Caste
















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