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1974 Supreme(P&H) 80

D.K.MAHAJAN, PRITAM SINGH PATTAR
Sardara Singh – Appellant
Versus
Harbhajan Singh – Respondent


Judgment

Mahajan, J.

1. This is an appeal under Clause X of the Letters Patent and is directed against the decision of a learned Single Judge of this Court affirming on appeal the decision of the Lower Appellate Court reversing the decision of the trial Court.

2. Sardara Singh, Dara Singh and Chanan Singh jointly owned a large tract of land in village Ahrwan. The share of Chanan Singh in this land was 1/4th. He exchanged an area measuring 213 kanals 11 marlas out of the joint holding with Harbhajan Singh, Sucha Singh, Har Randhir Singh and Balbhadar Singh, for 206 kanals 2 marlas, in the same village. This exchange was oral. A mutation of the exchange was entered and the same was attested on April 10, 1965. Sardara Singh and Dara Singh, filed a suit challenging this exchange and for possession of the land exchanged. They pleaded that the oral exchange was invalid and as it had been effected to injure their interests, it be set aside and the possession of the land decreed in their favour. This suit was contested by Harbhajan Singh, Sucha Singh. Har Randhir Singh and Balbhadar Singh. They maintained that oral exchange was permissible and it suffered from no infirmity. They further ple

















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