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1990 Supreme(P&H) 829

ASHOK BHAN
Kuldip Singh – Appellant
Versus
Balwant Kaur – Respondent


Judgment

1. Plaintiff-appellant has filed this appeal which arises out of a suit filed by the plaintiff-appellant for recovery of possession of two-storeyed building bearing municipal No. 226/1-1, situated at Katra Ghanayan, Amritsar, and for recovery of Rs. 8600/ - as rent and / or mesne profits of the building w.e.f. 3-11-1971 till the filing of the suit in September 1976.

2. The main facts of the case are that Lal Singh defendant No.12, agreed to sell the property in dispute to the plaintiff-appellant on 3rd of October, 1971 vide agreement to sell Exhibit P-3. In pursuance of this agreement, sale deed Exhibit P.1 was executed on 3rd of November, 1971, but the same could not be registered. Consideration was Rs.13,000.00, out of which Rs. 1300.00 were paid at the time of agreement to sell and the rest of the amount was to be paid at the time of registration. The document was presented for registration on 2nd of March, 1972, i.e., within four months of its execution, as provided under S.23 of the Indian Registration Act, 1908 . The Sub-Registrar refused the registration of the document on 17th of July, 1972, on the ground that the property in dispute had already been sold vide sale




























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