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2000 Supreme(P&H) 38

M.L.SINGHAL
Jai Singh – Appellant
Versus
Jai Bhagwan And Ors. – Respondent


Judgment

M.L.Singhal, J.

1. It is a suit for declaration filed by Jai Singh whereby he has claimed that land sold vide sale deed No. 325 dated 17.7.1998 registered with Joint Sub Registrar, Sadhaura is part and parcel of Khasra No. 42/20/1 and not 42/2/2 bearing plot No. 75, situated in Jaimal Singh Nagar near Civil Hospital Sadhaura and that the mutation sanctioned in respect of the sale deed dated 17.7.1998 is wrong, null, void, ineffective not binding on his rights and the rights of his brother defendant No. 6 and for permanent injunction restraining the defendants 1 to 5 from raising any construction or interfering in any manner whatever with their possession of land bearing khasra No. 42/2/2.

2. Plaintiffs case is that he had agreed to sell plot No. 75 vide agreement to sell dated 23.3.1998 with defendants 1 to 5 and he had shown that plot to them. At the time when sale deed was executed, Khasra No. 42//2/2 was mentioned as embracing plot No. 75, whereas Khasra No. 42//2/2 embraces some other plot and plot No. 75 is embraced within khasra No. 42//2/1. Civil judge (Junior Division), Jagadhari directed the plaintiff to pay court fee ad volorem on the plaint for the relief which h



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