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1974 Supreme(P&H) 113

R.N.MITTAL
Nikka Singh – Appellant
Versus
Babu Singh – Respondent


Judgment

1. This second appeal has been filed against the judgment of the Additional District Judge, Patiala, dated February 2, 1963, by the defendants.

2. Briefly, the facts of the case are that Nikka Singh defendant sold the land in dispute to the plaintiff on September 12, 1953 for a sum of Rs. 2,500.00 and received Rupees 1,500.00 in cash. It was recorded in a resolution which was signed by the defendant. The plaintiff had been in possession of the suit property alter the sale. He has prayed that a decree for declaration that the defendant had sold his one-half share in the said land, be passed in favour of the plaintiff. The suit has been contested by Nikka Singh, defendant No. 1. He denied the allegations of the plaintiff and stated that he never sold this land to him (plaintiff). He had been in joint possession of the suit land along with the plaintiff. The plaintiff did not pay him the share of the profits arising out of the land and he instituted a suit for recovery thereof in the Revenue Court. One of the issues in that case was regarding the ownership of the land in dispute. That issue was decided in favour of the answering defendant. That judgment of the Revenue Court op









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