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2009 Supreme(P&H) 2088

RAKESH KUMAR JAIN
Darshan Kaur – Appellant
Versus
Amritsar Primary Cooperative Agricultural Development Bank Limited Amritsar And Another – Respondent


Judgment

Rakesh Kumar Jain, J.

1. The plaintiff is in second appeal against the judgment and decree dated 10.9.2007 passed by the District Judge, Amritsar who had reversed the judgment and decree of the trial Court dated 5.8.2006 by which suit for permanent injunction filed by the plaintiff was decreed.

2. Brief facts of the case are that the plaintiff is the widow of Avtar Singh who was a co-sharer in the land measuring 143 kanals 12 marlas to the extent of 1/3rd share situated at village Uchoke Khurd, Tehsil Baba Bakala, District Amritsar. Avtar Singh died on 10.1.1999. After his death, his l/3rd share devolved upon the plaintiff as per Will dated 22.4.1998 executed by deceased Avtar Singh. The plaintiff had to file suit for permanent injunction restraining the defendants/respondents from interfering in the land to the extent of l/3rd share of 143 Kanals 12 Marias on the pretext of realisation of the amount of loan of Rs. 1,50,000/- which is alleged to have been advanced to her deceased husband Avtar Singh.

3. On notice, defendants filed written statement in which besides taking all the technical legal pleas, on merits it was denied that Avtar Singh never took loan from the defend



















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