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2007 Supreme(P&H) 1945

VINOD K.SHARMA
Rashpal Singh Bahia – Appellant
Versus
Surinder Kaur – Respondent


Advocates:
For the Appellants:Mr. M.L. Sarin, Sr. Advocate and Mr. Vivek Sood, Advocate.

JUDGMENT

Vinod K. Sharma, J.: - The plaintiff-appellants by way of this Regular Second Appeal have challenged the judgments and decrees passed by the learned Courts below, vide which the suit filed by the plaintiffs for declaration and permanent and mandatory injunction has been ordered to be dismissed.

2. The plaintiff Jaswinder Singh (since deceased through his LRs.) filed a suit claiming that he was owner of Plot No.223 of Scheme No.3 of Improvement Trust, Phagwara, having purchased the same in open auction and the transfer of the said plot by defendant Nos.2 and 3 in favour of defendant No.1, was illegal, unlawful, without consideration and was a sham transaction and without the jurisdiction of defendant No.3 and was a result of collusion between defendant Nos.2 and 3 inter se.

3. It was claimed that the said transfer did not affect the proprietory rights of the plaintiff. It was further claimed that compromise dated 25.06.1999 effected by the attorney of the plaintiff namely Jit Kaur was a result of fraud, misrepresentation, and undue influence practiced on her and compromise entered without the permission of the plaintiff. Injunction was also sought restraining the defendants fr



























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