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2010 Supreme(P&H) 181

RAKESH KUMAR GARG
Krishana – Appellant
Versus
Magha Ram – Respondent


Judgment

Rakesh Kumar Garg, J.

1. This is plaintiffs Regular Second Appeal challenging the judgment and decrees of the Courts below whereby suit for declaration and permanent injunction has been dismissed with costs.

2. As per the averments made in the plaint, the previous owners of the suit land duly executed a lease deed dated 27.4.1993 in favour of defendant-respondent No.1 which was registered in the office of Sub registrar Kharkhoda. It has been further averred that plaintiff purchased the suit land vide sale deed dated 27.4.1993, for a consideration of rs.1,65,000/- and got the aforesaid lease deed dated 27.4.1993 cancelled by mutual agreement of the parties to the suit, and accordingly, defendant-respondent No.1 handed over the original lease deed to the plaintiff-appellant in token of cancellation of the said lease deed duly signed by him in the presence of witnesses. It is further the case of the appellant that respondent No.1 also executed a receipt in token of acceptance of the cancellation of the lease deed in favour of the plaintiff and delivered the possession of the suit land to the appellant, and since then the plaintiff-appellant is in cultivating possession of the























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