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2011 Supreme(P&H) 585

RAKESH KUMAR JAIN
Ram Singh – Appellant
Versus
Mansa Singh – Respondent


Advocates:
For the Appellants:Mr. Alok Jain, Advocate.
For the Respondents:Mr. Santosh Sharma, Advocate.

JUDGMENT

Rakesh Kumar Jain, J.:- The defendants are in second appeal against the judgment and decree of the First Appellate Court by which judgment and decree of the learned Trial Court has been reversed.

2. In brief, the plaintiffs filed a suit for declaration alleging therein that they are the owners in possession of the land in dispute by virtue of an agreement to sell dated 05.06.1971 entered into between the parties for a sum of ‘5,700/- which was paid then and there with a stipulation that whenever the plaintiffs would require to get the sale deed registered they would have the option to do the same. It was alleged that no sale deed has been registered so far, but as the plaintiffs are in peaceful continuous possession of the land in dispute for more than 12 years with the knowledge of the defendants, they have become owners by way of adverse possession. It was also alleged that the plaintiffs had requested the defendants many a times to get the sale deed registered in their favour, but they have been postponing the matter on one pretext or the other and finally refused to admit their claim a week back. It is also averred that the plaintiffs have come to know that the defenda













































































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