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1979 Supreme(P&H) 23

J.M.TANDON
Mangat – Appellant
Versus
Surja – Respondent


Judgment

1. Surja (now deceased) filed a suit against Mangat and his brother Hukum, petitioners for a declaration that the gift-deed dated June 17, 1969, alleged to have been executed by him in respect of agricultural land measuring 62 Kanals 16 Marlas in village Sandhir, Tahsil Karnal, in their favour is null and void and for a permanent injunction restraining them from interfering with his possession of the said land. The trial court decreed the suit in favour of Surja on March 13, 1974. Mangat and Hukum preferred an appeal which remained pending in the Court of District Judge, Karnal, who vide order dated Feb. 26, 1975, adjourned it sine die. On Aug. 1, 1975, the District Judge entrusted this appeal to the Additional District Judge, Karnal, directing that the appeal will be taken up for arguments in the transferee Court on Aug. 7, 1975. The Order dated Aug. 1, 1975, purported to have been passed in the presence of Shri B.P. Jain, counsel for the petitioners and Shri Chinta Mani, counsel for Surja. On Aug. 7, 1975, nobody appeared before the Additional District Judge, Karnal, on behalf of Surja. The Additional District Judge heard ex parte arguments of the petitioners and vide Ord





















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