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1982 Supreme(P&H) 286

J.V.GUPTA
Inder Singh – Appellant
Versus
Ujagar Singh – Respondent


Judgment

1. This second appeal has been filed by the defendants-appellants against whom the plaintiff-respondent s suit was dismissed by the trial Court, but in appeal, the decree passed by it was set aside and his suit for possession of agricultural land measuring 44 kanals 14 marlas was decreed on the basis of the title by the lower appellate Court.

2. Admittedly, the plaintiff is the owner of the suit land. According to him, the same was orally mortgaged by him with possession with the defendants for a sum of Rs. 2,000.00 on Dec. 10, 1960. As the defendants did not allow him to redeem the suit land, the present suit for redemption was filed. Later on, amendment of the plaint was sought which was allowed, in appeal, and the plaintiff, in the alternative, claimed possession of the suit land, on the basis of his title. In the written statement, the defendants denied any mortgage having been created in their favour by him. It was alleged that he had desired defendant No. 4 to arrange the marriage of his daughter with Mukhtiar Singh, the sister s son of defendants Nos. 1, 2 and 4. The said marriage was arranged accordingly. Thereafter, he expressed his intention to sell the suit land















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