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1977 Supreme(P&H) 125

R.S.NARULA
Dhian Chand – Appellant
Versus
Parkash Kaur – Respondent


Judgment

1. This litigation relates to land comprised in three khasra numbers, i. e., five marlas in khasra No. 1021, two marlas in khasra No. 1023 and 11 marlas in khasra No. 1019 situate in village Batala Gharbi. The decree-holder respondents obtained a decree for possession of the entire land in dispute against the judgment-debtor-respondents. The suit in which the decree was passed had been based on the allegation that the sale of different pieces of land in favour of Gurdial Singh and Ajaib Singh judgment-debtor-respondents by Harbans Lal respondent in his purported capacity of an attorney of the then owner of the land were unauthorised as the power of attorney in favour of Harbans Lal had been cancelled before the sales were effected. Harbans Lal attorney appeared in the suit and admitted the allegations of the plaintiff-decree-holders. Gurdial Singh vendee did not appear in spite of service and the suit proceeded against him ex parte. Ajaib Singh vendee put in appearance but did not contest the suit. These were the circumstances in which the decree now under execution was passed. When the decree was sought to be executed, it was reported that the petitioners before me were in

































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