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1980 Supreme(P&H) 223

S.P.GOYAL
Ranbir Singh – Appellant
Versus
Chand – Respondent


Judgment

S.P.Goyal, J.

1. The sole question involved in this second appeal against the judgment and decree of the learned Additional District Judge, Karnal, dated February 8, 1980 is, as to whether the consent decree which has the effect of transferring the land in dispute, measuring 38 Kanals 7 Marlas without any registered deed, would confer a valid title ?

2. Respondent Shri Chand filed this suit for a declaration that he is the owner-in-possession and in the alternative, for a decree of possession of the said land and for setting aside the decree passed in suit No. 187 of 1976 decided by the Court of Sub Judge 1st Class, Panipat, on March 30, 1976, on the basis of fraud and misrepresentation. The trial Court upheld the plea of misrepresentation and also held that no valid title could pass under the decree, the same having been not registered. Consequently, the previous decree was set aside and a decree for possession was passed in favour of the plaintiff. On appeal, the learned Additional District Judge, Karnal, reversed the finding of the trial Court on the question of misrepresentation but upheld the decree on the other ground vide judgment dated February 8, 1980. Still dissat






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