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2002 Supreme(P&H) 1378

V.K.BALI
State Of Punjab – Appellant
Versus
Gurmel Singh – Respondent


Judgment

V.K.Bali, J.

1. By this common order, I propose to dispose of two connected Regular Second Appeals bearing Nos. 1655 and 1656 of 1989, as common questions of law and fact are involved in both these appeals. Learned counsel representing the parties also suggest likewise. The bare minimum facts that need a necessary mention have, however, been extracted from Regular Second Appeal No. 1655 of 1989, The State of Punjab versus Gurmel Singh another.

2. Gurmel Singh (hereinafter referred to as the plaintiff), claiming ownership over the suit land on the basis of registered sale deed dated 15.1.1981 for a consideration of Rs. 45,000/- as also on the basis of possession pursuant to the sale deed aforesaid, filed a suit for possession against the appellant-State of Punjab (hereinafter referred to as the defendant).

3. In the written statement that came to be filed by the defendant, cause of the plaintiff was sought to be opposed on the basis of gift made by Mahant Bhagwant Dass, owner of the property, who, earlier in point of time, as per the version of the plaintiff, sold the same very land, subject matter of the gift, vide registered sale deed dated 15.1.1981. On the basis of plead













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